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NEUTRAL CITATION

R/SCR.A/3975/2026 ORDER DATED: 24/03/2026

0.40341514373453813

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (MODIFICATION/DELETION OF

CONDITION) NO. 3975 of 2026 ==========================================================

YOGIRAJSINH RAJENDRASINH PARMAR Versus STATE OF GUJARAT & ANR.

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

Appearance:

SAJID Y KARIYANIYA(9619) for the Applicant(s) No. 1 MS KRINA CALLA, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 24/03/2026

ORAL ORDER

1. Looking to the issue involved in the present matter, learned advocates appearing for the parties have jointly requested for disposal of the present petition at an admission stage and, hence, the present petition

is taken up for final disposal.

2. Rule. Learned APP Ms. Krina Calla waives service of notice of rule for respondent.

3. By this petition under Articles 226 and 227 of the constitution of India read with the provisions of the BNSS, the petitioner has prayed for modification of one of the conditions imposed by the learned 4th Additional Sessions Judge Surendranagar, while passing an order dated 07.03.2026 in Criminal Misc. Application No. 148 of 2026, by which, the petitioner is directed to furnish an unconditional bank guarantee to the tune of 1.5 times of the value of the seized muddamal vehicle, along with

personal surety of the same amount.

4. Heard learned advocate for the petitioner and learned Additional

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NEUTRAL CITATION

R/SCR.A/3975/2026 ORDER DATED: 24/03/2026

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Public Prosecutor for the respondents.

5. Learned advocate for the petitioner submitted that muddamal vehicle i.e. Mahindra & Mahindra Dumper bearing Registration No. GJ- 13-AW-2069 under the ownership of the petitioner was seized by the concerned authority for the offence punishable under the provisions of the Mines and Minerals (Development and Regulation) Act 1957 as well as the Gujarat Mineral (Prevention of Illegal Mining and Transportation and Storage) Rules. The petitioner has preferred Criminal Misc. Application No. 148 of 2026 before the learned 4th Additional Sessions Judge, Surendranagar, which is allowed vide order dated 07.03.2026; however, a condition was imposed, whereby petitioner has to furnish an unconditional bank guarantee to the tune of 1.5 times of the value of the seized muddamal vehicle, along with personal surety of the same amount.

The petitioner, therefore, preferred present petition.

6. Learned advocate for the petitioner further submitted that the petitioner is the owner of the muddamal vehicle and petitioner is carrying on the business of transportation, however as stated above, the muddamal vehicle was seized by the concerned authority on allegation that it was involved in illegal mining and transportation of minor mineral. He further submitted that in fact, the condition imposed by the learned Court concerned is too harsh and it is not possible for the petitioner to fulfill the same. He submits that instead of bank guarantee, petitioner is ready and willing to give solvent surety of the same amount and therefore the said order may be modified to that extent. Learned advocate for the petitioner has relied upon and referred to the orders passed by the Coordinate Bench of this Court and submitted that in similar type of cases, the Coordinate Bench of this Court has passed order, whereby, the concerned owners

were directed to furnish solvent surety instead of bank guarantee.

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NEUTRAL CITATION

R/SCR.A/3975/2026 ORDER DATED: 24/03/2026

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7. On the other hand, the learned Additional Public Prosecutor has opposed this petition and contended that the Sess