The court ruled that imposing a bank guarantee for vehicle release was unjustified, emphasizing practical ownership rights and vehicle maintenance considerations.

Order

1. The instant criminal miscellaneous petition under Section 528 of BNSS has been preferred by the petitioner against the order dated 10.10.2024 passed by the learned Additional Chief Judicial Magistrate, Khivsar, District Nagaur in FIR No.248/2023, Police Station Khivsar, District Nagaur registered for the offence under Sections 353 , 379 of IPC and 4/21 of MMDR Act, whereby the learned Judge accepted the application filed by the petitioner for releasing JCB bearing Registration No.RJ-21-EA-3003 but imposed condition upon the petitioner to furnish bank guarantee of Rs.30,00,000/-. Hence, the instant Misc. Petition.

2. Learned counsel for the petitioner submits that the petitioner is a registered owner and is entitled to get back the possession of the vehicle in question. There is no other claimant. If the vehicle is stationed in the Police station premises, the condition of vehicle will deteriorate and the same would be a national loss. He placed reliance on the judgment passed by the Supreme Court in the case of Sunder Bhai Ambalal Desai Vs. State of Gujarat [ (2002) 10 SCC 283 ].

3. Learned Public Prosecutor opposed the submissions made by counsel for the petitioner.

4. I have heard and considered the submissions advanced at the Bar and gone through the order impugned as well as the material made available to the Court.

5. In view of the settled legal propositions and guided by the judicial pronouncement passed in the case of Sunder Bhai Ambalal Desai (supra), and considering that the condition No.6 imposed by the court below regarding furnishing bank guarantee of Rs.30,00,000/-, is harsh and onerous, this Court is of the view that there is no requirement of furnishing bank guarantee thus, it is deemed just and appropriate to allow the instant Misc. Petition.

6. Accordingly, the Misc. Petition is allowed. The order dated 10.10.2024 passed by the learned Additional Chief Judicial Magistrate, Khivsar, District Nagaur passed in FIR No. 248/2023, Police Station Khivsar, District Nagaur is hereby quashed to the extent of condition regarding furnishing bank guarantee of Rs.30.00,000/-. Thus the condition of furnishing bank guarantee of the aforesaid amount is waived. The vehicle shall be released upon furnishing supurdginama and surety as directed by the Court below. It is further made clear that if any compounding fees is pending with the Mining Department, the same shall be paid by the petitioner within 15 days and only whereafter the vehicle shall be released and condition No.14 of the order dated 10.10.2024 shall be stuck down.

7. All pending applications, if any, stands disposed of.