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[2026:RJ-JD:6465]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc(Pet.) No. 10520/2025

Smt Bhanwari Devi W/o Kishana Ram, Aged About 35 Years,

Resident Of Manjuon Ki Dhani Bhalisar Tehsil Dhorimanna

Barmer Rajasthan. Through Power Attorney Holder Kishana Ram

S O Bagaram.

----Petitioner

Versus

1. State Of Rajasthan, Through Pp

2. Kotek Mahindra Bank Ltd, Regional Office 57 Krishna

Tower Sardar Patel Marg C-Scheme Jaipur, Through

Authorized Signatory Shri Dedaram Choudhary.

----Respondents

Connected With

S.B. Criminal Misc(Pet.) No. 6348/2025

Kotak Mahindra Bank Ltd, Having Its Registered Office At 27 Bkc,

C 27, G Block, Bandra Kurla Complex, Bandra (E), Mumbai-

400051 Regional Office At 57, Krishna Tower, Sardar Patel Marg,

C-Scheme, Jaipur, Rajasthan, Thorugh Its Authorized Signatory

Mayur Parihar. Age About 34 Years.

----Petitioner

Versus

1. State Of Rajasthan, Through Pp

2. Kishna Ram S/o Shri Baga Ram, R/o Bhalisar, Barmer,

Rajasthan-344704

----Respondents

For Petitioner(s) : Mr. Surendra Bagmalani

Mr. Arpit Mehta

Mr. Rohitash Singh

For Respondent(s) : Mr. Vikram Singh Rajpurohit, PP

Mr. Surendra Bagmalani

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HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU

Order

04/02/2026

S.B. Criminal Misc(Pet.) No. 10520/2025

Learned counsel for the petitioner does not wish to press the

present Criminal Miscellaneous Petition in view of the order passed

in the connected CRLMP No. 6348/2025.

In view of the directions and observations made by this

Court in the aforesaid connected matter, learned counsel seeks

permission to withdraw the present petition with liberty to pursue

the revision petition pending before the competent Court.

Accordingly, in view of the observations already made by this

Court in CRLMP No. 6348/2025 and with the liberty as prayed for,

the present Criminal Miscellaneous Petition is dismissed as not

pressed.

The petitioner shall be at liberty to raise all available

contentions before the learned Revisional Court.

S.B. Criminal Misc(Pet.) No. 6348/2025

The instant Criminal Miscellaneous Petition has been filed

against the order dated 19.09.2025 passed by the learned

Additional Civil Judge (Senior Division) & Additional Chief Judicial

Magistrate No. 1, Barmer, in Criminal Application No. 33/2025,

whereby the learned Trial Court allowed the application filed under

Sections 497 and 503 of the Bharatiya Nagarik Suraksha Sanhita

and ordered release of the vehicle, namely Mahindra Bolero

bearing Registration No. GJ-08-CK-3043, in favour of the

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[2026:RJ-JD:6465] (3 of 4) [CRLMP-10520/2025]

petitioner-Company, subject to the condition of furnishing a surety

bond and bail bond in the sum of ₹9,00,000/-, and further subject

to taking the vehicle on supurdginama.

Learned counsel for the petitioner submits that the value of

the vehicle in question is only about ₹3,00,000/- and, therefore,

the condition requiring the petitioner-Company to furnish surety

bond and bail bond in the sum of ₹9,00,000/- is onerous,

excessive and unjustified. It is further submitted that the condition

of taking custody of the vehicle on supurdginama is also

impracticable, as officers of the petitioner-Company/bank are

frequently transferred, making compliance with such a condition

difficult. It is, therefore, prayed that the said conditions be

suitably modified and that the vehicle be released on the basis of

an undertaking.

Learned Public Prosecutor has opposed the prayer made by

learned counsel for the petitioner.

I have considered the submissions advanced by learned

counsel for the parties and perused the material available on

record.

Keeping in view the facts and circumstances of the case, this

Court is of the considered opinion that the condition of furnishing

surety bond and bail bond in the sum of ₹9,00,000/- imposed by

the learned Trial Court is harsh and disproportionate to the valu