IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
PMR
NANUSINH @ NANSINH ABHESINH PATEL – Appellant
Versus
STATE OF GUJARAT – Respondent
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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
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NANUSINH @ NANSINH ABHESINH PATEL
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR JAY N SHAH(10668) for the Applicant(s) No. 1
MR UTKARSH SHARMA, APP for the Respondent(s) No. 1
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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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##PAGE2##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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