Yadwinder Sharma @ Happy vs State Of Punjab
2023 Latest Caselaw 8783 P&H

                                                    Neutral Citation No:=2023:PHHC:080272




125                                   2023:PHHC:080272
        IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH

                                         CRM-M No.28544 of 2023
                                         Date of decision : 01.06.2023

Yadwinder Sharma @ Happy                              ..... Petitioner

                           versus

State of Punjab                                              ..... Respondent

CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ
                ***

Present :-   Mr. Janak Singh Bhinder, Advocate
             for the petitioner.

                    ***
RAJESH BHARDWAJ, J. (Oral)

1. The present petition has been filed under Section 482 Cr.P.C.

for quashing of the order dated 05.05.2023 (Anenxure P-2), passed by the

learned Senior Division Judicial Magistrate, Sunam in application No.

CRM-56-2023 in FIR No.184, dated 26.08.2022, registered under Sections

61, 78, of the Punjab Excise Act, 1914 and Section 483 of IPC, at Police

Station City Sunam, District Sangrur, whereby allowing the application of

the petitioner for releasing the car on sapurdari, the petitioner has been

directed to deposit cash/bank guarantee of Rs.3,00,000/-.

2. Learned counsel contends that the vehicle that was confiscated

has been ordered to be released on sapurdari by the trial Court on an

application filed by the petitioner vide order dated 05.05.2023, Annexure P-

2. However, an onerous condition of depositing of security to the tune of

Rs.3,00,000/- in the form of cash/bank guarantee has been imposed. He

further submits that he is ready to furnish the personal bonds and an

additional security bond of Rs.3,00,000/- instead of the aforesaid condition.

He relies on the orders passed by this Court in CRM-M-18703-2020 dated

23.02.2021 titled as "Arshdeep Singh vs. State of Punjab" and CRM-M-

1 of 2

Neutral Citation No:=2023:PHHC:080272

CRM-M No.28544 of 2023 -2- 2023:PHHC:080272

5453-2022 dated 09.02.2022 in "Tejinder Singh @ Honey vs. State of

Punjab".

3. Notice of motion.

4. At the asking of the Court, Mr. Sandeep Kumar, DAG, Punjab,

appears and accepts notice on behalf of the respondent-State. He submits

that the condition that has been imposed upon the petitioner is just and

reasonable and the impugned order has been validly passed.

5. Heard.

6. As stated, the vehicle in question is no longer required by the

police and if it remains in their custody, shall loose its value and utility. The

petitioner is a very poor person and is unable to furnish the cash/ bank

guarantee for its release and in place of the same, is ready to furnish the

personal bonds and an additional security bonds of Rs.3,00,000/-. Hon'ble

The Supreme Court of India in the case of "State of Kerala vs. A.A.Ali",

2018 (4) RCR (Crl.) 112 had held that the Courts should not insist on

furnishing of the bank guarantee in such like cases.

7. In view of the afore-referred judgments, facts and

circumstances of the present case, the present petition is disposed by

modifying the order of the trial Court only to the extent of furnishing cash/

bank guarantee, in place of which, the petitioner is directed to furnish

personal bond and an additional security bond of Rs.3,00,000/-, however,

the remaining conditions will remain intact.

01.06.2023                            ( RAJESH BHARDWAJ )
 rittu                                       JUDGE
             Whether speaking/reasoned :     Yes/No
             Whether reportable         :    Yes/No


                                                           Neutral Citation No:=2023:PHHC:080272

                                 2 of 2