Kalpesh Kumar vs State - 2022 Supreme(Raj) 1371

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 1371

DINESH MEHTA
Kalpesh Kumar – Appellant
Versus
State – Respondent

Advocates appeared:
Mr. Pradeep Shah, Mr. Vivek Mathur, for the Appellant
Mr. Mahipal Bishnoi, PP, for the Respondent.

ORDER

1. The instant petition invoking inherent powers of this Court under Section 482 of the Code of Criminal Procedure, has been preferred oppugning the order dated 17.01.2022, passed by learned Sessions Judge, Jalore (hereinafter referred to as 'the Revisional Court'), whereby the order dated 04.01.2022, passed by learned Additional Chief Judicial Magsitrate, No.1, Jalore (hereinafter referred to as 'the trial Court') has been affirmed.

2. The facts appertain are that petitioner's bus bearing registration No.RJ 22 PA 4016 met with an accident. An FIR came to be lodged against the petitioner's driver for rash and negligent driving, punishable under Section 304-A of the Indian Penal Code.

3. During the pendency of the investigation, the petitioner moved an application under Section 457 of the Code of Criminal Procedure and sought release of the subject vehicle on supurdaginama.

4. The trial Court, vide its order dated 04.01.2022, ordered the vehicle to be released on supurdaginama, however, subject to a condition that the petitioner will have to furnish bank guarantee/ FDR of Rs.7 lakhs apart from furnishing surety bond of Rs.15 lakhs and an undertaking to the effect that he would b

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