[2026:RJ-JD:15110]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 2603/2026 Rakesh Kumar @ Deepak S/o Babu Ram, Aged About 35 Years, R/o Hanuman Nagar, Fich Tehsil Luni District Jodhpur ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Pawan Vishnoi For Respondent(s) : Mr. Anurag Jyani for Mr. Mahaveer Bishnoi, AAG HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU

Order

02/04/2026 The instant criminal miscellaneous petition under Section

528 of BNSS has been preferred by the petitioner against the order dated 24.03.2026 passed by the learned Judicial Magistrate, Siwana, District Balotra in arising out of FIR No.140/2025, Police Station Samdari, for the offence under Sections 303(3) of BNS and Section 4/21 of MMDR Act, whereby the learned Judge accepted the application filed by the petitioner for releasing Dumper registration No.19-GJ-6704 but imposed condition upon the petitioner to furnish bank guarantee of Rs.5,25,867/-. Hence, the instant Misc. Petition.

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] and the judgment of the Co-ordinate Bench in Hukma Ram vs. State of Rajasthan passed in CRLMP No.7322/2024 dated 03.02.2025.

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

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.

The Co-ordinate Bench of this Court in Hukma Ram (supra)

after considering the judgment of the Hon’ble Apex Court in Sunder Bhai Ambalal Desai, set aside the condition of furnishing the bank guarantee. This Court held as under :

“ 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.6 imposed by the court below regarding furnishing bank guarantee of Rs.30,00,000/-, 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 10.10.2024 passed by the learned Additional Chief Judicial Magistrate, Khivsar, District Nagaur is hereby quashed to the extent of condition regarding furnishing bank guarantee of Rs.30,00,000/-. Thus the condition of furnishing bank guarantee of the aforesaid amount is waived. The vehicle shall be released upon furnishing supurdginama and 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.14 of the order dated 10.10.2024 shall be stuck down.”

The matter in hand is of identical in nature, herein as well, the learned trial Court has imposed an condition of furnishing of bank guarantee of Rs.5,25,867/-.

In view of the judgment of the Co-ordinate Bench, this Court is inclined to allows the present criminal misc. petition. The order dated 24.03.2026 passed by the learned Judicial Magistrate, Siwana, District Balotra in arising out of FIR No.140/2025, Police Station Samdari is hereby quashed to the extent of condition regarding furnishing bank guarantee of Rs.5,25,867/-. Thus the condition of furnishing bank guarantee of the aforesaid amount is waived.

The vehicle shall be released upon furnishing supurdginama and surety as directed by the Court below. It is further made clear tha