ALLENA ANNAJEE RAO ALLENA ANNAJEE RAO Date: 2026.03.23 10:57:46 +0530

2026:CGHC:13349 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR C RMP No. 570 of 2026 Ghanshyam Ambade S/o Madanlal Ambade Aged About 36 Years R/o Village Damabanjari, Police Station Chhuriya, District Rajnandgaon Chhattisgarh ... Petitioner versus State of Chhattisgarh through the Station House Officer, Police Station Doundilohara, District Balod Chhattisgarh ... Respondent For the petitioner : Mr. Shikhar Sharma, Advocate For the State : Miss Sunita Manikpuri, Government Advocate (Hon’ble Shri Justice Sanjay Kumar Jaiswal)

Order on Board

19.03.2026

1. By this petition filed u/s 528 of Bhartiya Nagrik Suraksha Sanhita, 2023, the petitioner prays for a direction to quash the impugned order dated 24.01.2026 passed in Criminal Revisional Proceeding No.1/2026 whereby the learned I Addl. Sessions Judge, Balod (C.G) affirmed the order of JMFC, Doundilohara, District Balod dated 09.12.2025 in Criminal Case No.114/2025 imposing conditions of furnishing Supurdnama of Rs.8 lakhs and Bank Guarantee of Rs.8 lakhs for releasing the offending vehicle.

2. In sum and substance, the petitioner prays for a direction to release the interim custody of the offending vehicle on Supurdnama without the condition of furnishing bank guarantee as imposed by the trial Court.

3. The offending vehicle bearing Regn. No. C.G. 08-L-2978 owned by the petitioner along with 11 cattle was seized from him and other accused accused Piluram Sahu and Deepesh alias Rinku Ganjir for transporting the cattle without valid documents. He moved the application for releasing the said vehicle on Supurdnama. The trial Court by order dated 09.12.2025 imposed the condition to furnish Supurdnama in sum of Rs.8 lakhs along with bank guarantee of Rs. 8 lakhs for releasing the vehicle, which was challenged in revision. The revisional court held that the trial court has passed the order by following the legal procedure and rejected the revision.

4. Learned counsel for the petitioner submits that imposing onerous conditions of furnishing Supratnama of Rs. 8 lakhs and a bank guarantee of Rs. 8 lakhs for interim custody is excessively harsh and deserves to be modified. He further submits that no claim case is pending before the Tribunal, however, the learned trial Court held that the said bank guarantee would be utilized for the purpose of adjudicating the liability of any claim if any suit is filed, which cannot be allowed to sustain. He relies on the decision rendered by the Hon'ble Supreme Court in Sunderbhai Ambalal Desai Vs. State of Gujarat reported AIR 2003 SC-638 and prays that this petition be accepted and the condition imposed by the Court below on the petitioner to furnish a bank guarantee of Rs. 8 lacs for getting interim custody be set aside.

5. Per contra, learned State Counsel supports the impugned orders and submits that the petitioner has back-ground of criminal cases as he was previously involved in 3 other cases of similar nature.

6. Having considered the submissions of learned counsel for the parties and on perusal of the impugned orders, I am inclined to reduce the amount of bank guarantee to Rs.4,00,000/- instead of Rs.8,00,000/- as imposed by the trial Court and affirmed by the revisional Court.

7. Accordingly, it is directed that custody of the seized Tata Magic vehicle bearing Regn. No. C.G.08/L/2978 be handed over to the petitioner on his furnishing a Supurdnama in sum of Rs.8,00,000/- and a bank guarantee of Rs.4,00,000/-. The other conditions imposed by the trial Court shall remain intact.

8. With the above modification, this petition is allowed in part.

Sd/-

(Sanjay Kumar Jaiswal)

Judge

Rao