HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc(Pet.) No. 296/2022

Hansmukh Bhai S/o Jinna Bhai Kothia, Aged About 45 Years, R/o

Dahisarda, Undaisaal Tipdiya, Tehsil Paddari, District Rajkot,

Gujrat.

----Petitioner

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s)

:

Mr. Saurabh Soni

For Respondent(s)

:

Mr. Laxman Solanki, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

09/02/2022

This criminal misc. petition under Section 482 CrPC

has been preferred on behalf of the petitioner being

aggrieved with the order dated 21.10.2021 passed by the

Addl. Sessions Judge, Gulabpura, Distt. Bhilwara (for

short ‘the trial court’), whereby the trial court while

deciding the application under Section 451 and 457 CrPC

has ordered for releasing the scorpio vehicle in question

bearing

registration

No.GJ-03-LB-8820

on

supardaginama subject to the condition that petitioner

will furnish a personal bond of rupees sixteen lakh along

with one surety of like amount verified by the Revenue

Officer by issuing Haisiyat Praman Patra.

(2 of 3)

[CRLMP-296/2022]

Learned counsel for the petitioner has submitted that

the condition of furnishing personal bond of rupees

sixteen lakh along with one surety of like amount verified

by the Revenue Officer by issuing Haisiyat Praman Patra

is too harsh. It is further submitted that admittedly the

petitioner is registered owner of the vehicle and was not

involved in commission of crime, in which, the police has

seized the vehicle in question. As a matter of fact, some

smugglers, after stealing the above-referred vehicle from

District Rajkot, Gujarat, has used the same for

transporting narcotic contraband. Learned counsel has

further submitted that even on the day when the vehicle

in question was seized by the police, the cost of the same

was not rupees sixteen lakh. It is also submitted that in

the insurance policy of the year 2019, the total value of

the above-mentioned vehicle was assessed as

Rs.14,43,014/-. It is, thus, prayed by learned counsel for

the petitioner that the condition imposed by the trial

court vide impugned order of furnishing personal bond of

rupees sixteen lakh along with one surety of like amount

verified by the Revenue Officer by issuing Haisiyat

Praman Patra may kindly be modified.

Learned Public Prosecutor has opposed the criminal

misc. petition.

(3 of 3)

[CRLMP-296/2022]

Having heard learned counsel for the parties and

after going through the material available on record, I am

of the opinion that the condition imposed by the trial

court of furnishing personal bond of rupees sixteen lakh

along with one surety of like amount verified by the

Revenue Officer by issuing Haisiyat Praman Patra is not

reasonable.

Taking into consideration the overall facts and

circumstances of the case, it is ordered that the scorpio

vehicle in question bearing registration No.GJ-03-LB-

8820 shall be released by the trial court in favour of the

petitioner on supardaginama on furnishing a personal

bond of Rs.10,000/- along with one surety of like

amount.

However, the other conditions mentioned in the

impugned order dated 21.10.2021 passed by the trial

court shall remain intact.

With these observations, this criminal misc. petition

is disposed of.

Stay petition is also disposed of.

(VIJAY BISHNOI),J

Ms rathore 27