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SUDESH BANSAL
Lalit Kishore Nagar – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
Mr. Sudesh Bansal, J. - Petitioner has preferred the present criminal misc. petition under Section 482 Cr.P.C. seeking to set aside the additional condition of furnishing a bank guarantee of Rs. 6 lac, apart from furnishing 'Supurdginama' and 'Jamanatnama' for the same worth imposed by the Additional Sessions Judge No. 4 Kota while allowing the Criminal Revision Petition No.148/2023 with other conditions incorporated therein, to release the petitioner's vehicle being Creta Car RJ-20-CF-9932 seized in FIR No.(*) 212/2022 registered at Police Station Gumanpura, Kota for offences under Sections 420, 406, 120B, 467, 468 and 471 IPC and Sections 3, 4, 5 and 6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978. The order dated 25.05.2023 has been put to challenge only to the extent of imposing the condition to furnish the bank guarantee.
2. It has been submitted that the petitioner is registered owner of the vehicle 'Creta Car' which was seized by the police while registering the afore-referred FIR and after submission of charge-sheet, petitioner moved an application to release the vehicle but the same was dismissed by the Additional Chief Judicial Magistrate No.5
Conditions for releasing seized vehicles must be reasonable and justified, as arbitrary conditions amount to abuse of process.
The court has the discretion to modify onerous conditions for releasing confiscated property based on the hardship faced by the petitioner.
The court emphasized the need to balance the conditions for the release of seized vehicles, considering the livelihood of the petitioner and the roadworthiness of the vehicle.
The court ruled that imposing a bank guarantee for vehicle release was unjustified, emphasizing practical ownership rights and vehicle maintenance considerations.
The legal principle established is that in cases involving offences related to forest produce, a court may order the furnishing of a bank guarantee as a minimum condition for release of the vehicle, ....
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