Sanjay Ramesh Zade vs The State Of Mha. Thr. Pso Ps Ramtek ...
2022 Latest Caselaw 9595 Bom

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         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   NAGPUR BENCH, NAGPUR.

             CRIMINAL WRIT PETITION NO. 624 OF 2022
          Sanjay Rames Zade, Age 41 yr, Occ.
          Agriculturist, R/o At panchala (Khurd)
          Ghoti Tok, P.O. Mahadula, Tah. L
          Ramtek, Dist. Nagpur - 441106
                                                            ... PETITIONER

                                  VERSUS
          The State of Maharashtra, through
          Police Station Officer, Ramtek Police
          Station, Nagpur.

                                                          ... RESPONDENT
_____________________________________________________________
       Shri F.Z. Chowdhari, Advocate for the petitioner.
       Shri S.M.Ukey, A.P.P. for the respondent-State.
______________________________________________________________

                          CORAM           :        VINAY JOSHI, J.

                          DATED.          :        21.09.2022.

ORAL JUDGMENT :

RULE. Rule made returnable forthwith. Heard finally by

consent of learned Counsel appearing for the parties.

2. The petitioner's motor vehicle i.e. Truck bearing

Registration No.MH-40-BE-8613 was seized by the Ramtek Police in

connection with the Crime No.383 of 2020 registered for the offence

punishable under Section 21(1) of the Mines and Minerals

(Development and Regulation) Act, 1957 (for short 'the Act of 1957').

The petitioner initially applied for release of vehicle, however it was

rejected on account that there was a difference in the name of owner.

The petitioner got corrected his name from the Transport Office and

then once again applied for release. The Magistrate has rejected the

application, however, the Sessions Court has released the vehicle vide

order dated 14.07.2022. While releasing the vehicle, besides other

conditions, the Revisional Court directed the applicant to execute the

bank guarantee to the tune of Rs.3 lakhs, which part is impugned

herein.

3. Though the respondent-State resisted the petition however

admittedly, the State has not challenged the order of release of vehicle.

Already the Sessions Court after considering the merits, came to the

conclusion that the vehicle is to be released, which cannot be faulted

with.

4. The petitioner would submit that the condition of provide

the bank guarantee, is quite harsh and therefore, he is unable to meet

the same. True, if the condition of bank guarantee is not complied, the

ultimate result would be the vehicle would lie at the Police Station and

likely to ruin. The Revisional Court has already imposed certain other

conditions, which would suffice the purpose.

5. In view of the above, the petition is allowed. The condition

of furnishing bank guarantee of Rs.3 lakhs is substituted by directing

the petitioner to provide a personal bond of Rs.3 lakhs and one solvent

surety in the like amount to the satisfaction of the Trial Court. Needless

to say that, rest of the conditions would remain as it stand.

6. The petition stands disposed of accordingly.

(VINAY JOSHI, J.)

Trupti

TRUPTI SANTOSHJI AGRAWAL

21.09.2022 18:01