Punjab-Haryana High Court
Rohit vs State Of Haryana on 21 March, 2024
Author: Karamjit Singh
Bench: Karamjit Singh
Neutral Citation No:=2024:PHHC:041123
CRM-M-12897-2024 [1] 2024:PHHC:041123
269
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-12897-2024
Date of decision: 21.03.2024
Rohit ...Petitioner
Versus
State of Haryana ...Respondent
CORAM: HON'BLE MR. JUSTICE KARAMJIT SINGH
Present: Mr. Hardeep Singh Dhillon, Advocate for the petitioner.
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KARAMJIT SINGH, J. (ORAL)
1. The present petition has been filed by the petitioner seeking
quashing/setting aside a condition of deposit of Rs.2 lacs of penalty amount
in the form of fixed deposit, imposed by the Court of Judicial Magistrate, Ist
Class, Ambala while passing order dated 09.02.2024 (Annexure P-3)
whereby the application filed by the petitioner for release of his vehicle
(tractor trolly) having registration number HR-04-K-2199 on superdari was
allowed subject to aforesaid condition in a criminal case having FIR
No.50/2024 under Section 379 IPC and Section 21(1) of Mining and
Mineral Act (Regulation of Development) 1974, Police Station HSENB,
Ambala.
2. Counsel for the petitioner submits that the aforesaid vehicle
belonging to the petitioner was seized by the concerned Authorities in
aforesaid criminal case and the Court of Illaqa Magistrate while passing
order (Annexure P-3) imposed condition that the petitioner should also
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deposit Rs.2 lacs of penalty amount. It is further submitted that the aforesaid
onerous condition deserves to be set aside as per the law laid down by
Hon'ble Supreme Court in Sunderbhai Ambalal Desai Vs. State of Gujarat
(2002) 10 SCC 283 and latest decision of Hon'ble Supreme Court in
SLP(Crl)-4797-4799/2023 titled Ikram Vs. State of Rajasthan decided on
04.05.2023.
3. Notice of motion.
4. Mr. Viney Phogat, DAG, Haryana., accepts notice on behalf of
the State and filed status report by way of an affidavit of Arshdeep Singh,
Deputy Superintendent of Police, Haryana State Enforcement Bureau,
Ambala and while supporting the order (Annexure P-3) submits that as the
vehicle in question was involved in illegal mining, the Court of Illaqa
Magistrate rightly imposed the condition of deposit of Rs.2 lacs of the
penalty imposed by the Mining Officer.
5. I have considered the submissions made by counsel for the
parties.
6. As the FIR is registered in the present case, the release of
vehicle on superdari will be governed by provisions of Section 451 Cr.P.C. I
have gone through the judgment referred by counsel for the petitioner. In
Ikram's case (supra), vehicle in question was directed to be released on
superdari by the Court below subject to furnishing of bank guarantee of
Rs.5 lacs which was later on modified and instead of bank guarantee, the
petitioner was directed to deposit original title deed of the land of his close
relative. The Hon'ble Supreme Court in appeal modified the said condition with
direction that the vehicle be released subject to furnishing of a personal bond
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together with an undertaking that he will not transfer the vehicle till conclusion of
the trial and produce the same as and when required.
7. In light of the above, without expressing any opinion on the
merits of the case, this Court is of the view that onerous condition directing
the petitioner to deposit Rs.2 lac in the shape of fixed deposit is not
sustainable and deserves to be set aside.
8. Consequently, the present petition is allowed and the impugned
order Annexure P-3 dated 09.02.2024 is set aside to the extent whereby the
petitioner is directed to deposit Rs.2 lac in the shape of fixed deposit. The
petitioner should furnish a personal bond with one solvent surety in the
same amount to the satisfaction of the Court concerned. The other
conditions imposed by the trial Court are however sustained.
9. The present petition is disposed of in aforesaid terms.
21.03.2024 (KARAMJIT SINGH)
Yogesh JUDGE
Whether speaking/reasoned:- Yes/No
Whether reportable:- Yes/No
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