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2025 Supreme(Online)(Guj) 13468

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
PMR
NANUSINH @ NANSINH ABHESINH PATEL – Appellant
Versus
STATE OF GUJARAT – Respondent



Petitioner Advocates:MR JAY N SHAH(10668) ,Respondent Advocate: PUBLIC PROSECUTOR(2)

##PAGE1##

NEUTRAL CITATION

R/CR.RA/2511/2025 ORDER DATED: 19/12/2025

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL REVISION APPLICATION (FOR MUDDAMAL) NO. 2511 of

2025

==========================================================

NANUSINH @ NANSINH ABHESINH PATEL

Versus

STATE OF GUJARAT & ANR.

==========================================================

Appearance:

MR JAY N SHAH(10668) for the Applicant(s) No. 1

MR UTKARSH SHARMA, APP for the Respondent(s) No. 1

==========================================================

CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

Date : 19/12/2025

ORAL ORDER

1. Rule. Learned APP waives service of rule on behalf of

the respondent-State.

2. By way of the present Revision Application, the

petitioner has prayed to quash and set aside the conditions

of providing bank guarantee to the tune of 50% value of the

vehicle and deposit Rs.5,00,000/- before the District Court,

Godhra to furnish a bond of Rs.50,000/- vide order dated

21.09.2024 passed by the Learned 4th Additional Sessions

Judge, Panchmahal at Godhra in Criminal Misc. Application

No.717/2024.

3. Heard, the learned advocate for the respective parties.

4. It is submitted by the learned advocate for the

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NEUTRAL CITATION

R/CR.RA/2511/2025 ORDER DATED: 19/12/2025

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applicant that though the vehicle under question has been

released, but the condition imposed by the trial Judge are

erroneous which ultimately would deny the custody of the

vehicle. More particularly, when the penalty to the tune of

Rs.3,50,200/- as also been levied by the authorities, vehicle

was not involved in illegal mining. It is further submitted

that the vehicle is the sole source of income of the

petitioner, and the conditions imposed by the Ld. Trial

Judge are such that they would cause severe hardship to

the present petitioner and other prays to modify/delete the

said conditions imposed by the trial Court while releasing

the vehicle in question.

5. It transpires that the petitioner herein, is the owner of

the Muddamal vehicle, namely, commercial excavator being

JCB 3DX 2WD manufactured by JCB India Ltd, bearing

Registration No. GJ17Y1233 which came to be seized, in

connection with the complaint No. 193/2024.

6. Having regard to the facts and circumstances of the

case and having heard the learned advocates for the

respective parties, and considering the peculiar facts and

circumstances of the case, the conditions imposed by the

trial Court to give bank guarantee of the 50% of the seized

vehicle for one month to be renewed year on year till the

disposal of the case and to deposit Rs.5,00,000/- before the

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##PAGE3##

NEUTRAL CITATION

R/CR.RA/2511/2025 ORDER DATED: 19/12/2025

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District Court, Godhra are required to be modified to the

effect that instead of furnishing bank guarantee of the said

amount, the petitioner shall furnish a personal guarantee of

the said amount. Further, condition No.4 vide order dated

21.09.2024 directing deposit of Rs. 5,00,000/- is hereby

quashed and set aside.

7. Rest of the conditions shall remain unaltered. The

present revision application stands disposed of. Rule is

made absolute to the aforesaid extent.

Direct service is permitted.

(P. M. RAVAL, J)

MOHD SAIF ULLAH

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