MOHAN RAM vs STATE OF RAJASTHAN - 2025 Supreme(RAJ) 514

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(RAJ) 514

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE FARJAND ALI, J
MOHAN RAM – Appellant
Versus
STATE OF RAJASTHAN – Respondent

Advocates:
Mr. Pawan Vishnoi, Mr. Surendra Bishnoi, PP

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 ha

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