[2026:RJ-JD:12493]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 633/2026 Sumer Singh S/o Ugam Singh, Aged About 38 Years, Village Bhed, Tehsil-Khinvsar, District Nagaur, Power Of Attorney Of Ramlal S/o Parsaram, Aged About 49 Years, Resident Of Phed Colony, Nagaur Firm Shivam Stone Crusher Gagawana, Tehsil And District Nagaur.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Mahendra Singh S/o Kishan Singh, R/o Ganga Mandir, Prajapat Mohalla, Devak Nagar, Kaithwara, Deeg, Rajasthan, Presently Working As Surveyor At The Mining Office, Nagaur.

----Respondents For Petitioner(s) : Mr. Himanshu Chaudhary For Respondent(s) : Mr. Shri Ram Chaudhary, PP HON'BLE MR. JUSTICE FARJAND ALI

Judgment / Order

16/03/2026

1. The instant criminal miscellaneous petition under Section

528 of BNSS has been preferred by the petitioner against the order dated 05.12.2025 passed by the learned Additional Sessions Judge, Jayal, District Nagaur in FIR No.40/2025, Police Station Rol, District Nagaur registered for the offence under Sections 303(2) of BNS and Section 4/21 of MMDR Act, whereby the learned Judge while dismissing the revision petition No.05/2025 upheld the order dated 22.08.2025 passed by learned Judicial Magistrate, Jayal District Nagaur who accepted the application filed by the petitioner for releasing JCB bearing Registration No.RJ-21-EA-0711 but imposed condition upon the petitioner to furnish bank guarantee of Rs.35,00,000/-. Hence, the instant Misc.

Petition.

2. Learned counsel for the petitioner submits that the petitioner is a registered owner and is entitled to get back the possession of the vehicle in question. There is no other claimant. If the vehicle is stationed in the Police station premises, the condition of vehicle will deteriorate and the same would be a national loss. He placed reliance on the judgment passed by the Supreme Court in the case of Sunder Bhai Ambalal Desai Vs. State of Gujarat [(2002) 10 SCC

283]

3. Learned Public Prosecutor opposed the submissions made by counsel for the petitioner.

4. I have heard and considered the submissions advanced at the Bar and gone through the order impugned as well as the material made available to the Court.

5. In view of the settled legal propositions and guided by the judicial pronouncement passed in the case of Sunder Bhai Ambalal Desai (supra), and considering that the condition No.1 imposed by the court below regarding furnishing bank guarantee of Rs.35,00,000/-, is harsh and onerous, this Court is of the view that there is no requirement of furnishing bank guarantee thus, it is deemed just and appropriate to allow the instant Misc. Petition.

6. Accordingly, the Misc. Petition is allowed. The order dated

05.12.2025 passed by the learned Additional Sessions Judge, Jayal, District Nagaur in FIR No.40/2025, Police Station Rol, District Nagaur registered for the offence under Sections 303(2) of BNS and Section 4/21 of MMDR Act, is hereby quashed to the extent of condition regarding furnishing bank guarantee of Rs.35,00,000/-. Thus the condition of furnishing bank guarantee of the aforesaid amount is waived. The vehicle shall be released upon furnishing supurdginama and solvent surety as directed by the Court below. It is further made clear that if any compounding fees is pending with the Mining Department, the same shall be paid by the petitioner within 15 days and only whereafter the vehicle shall be released and condition No.1 of the order dated 22.08.2025 passed by learned Judicial Magistrate, Jayal District Nagaur shall be stuck down.

7. All pending applications, if any, stands disposed of.

(FARJAND ALI),J

127-amit/-