Citation : 2021 Latest Caselaw 5572 Raj/2
Judgement Date : 4 October, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 3223/2021
Pranay Son Of Naresh Singhal, Resident Of Shivganj Mandi,
Station Road, Bayana, District Bharatpur (Raj.)
----Petitioner
Versus
State Of Rajasthan, Through The Public Prosecutor
----Respondent
Connected With
S.B. Criminal Miscellaneous (Petition) No. 3233/2021
Smt. Urmilla Devi Wife Of Abhay Singh, Resident Of Jat Basti, Pura Bai Kheda, Tehsil Bayana, District Bharatpur (Raj.).
----Petitioner Versus State Of Rajasthan, Through The Public Prosecutor.
----Respondent
S.B. Criminal Miscellaneous (Petition) No. 3224/2021 Pranay Son Of Naresh Singhal, Resident Of Shivganj Mandi, Station Road, Bayana, District Bharatpur (Raj.)
----Petitioner Versus State Of Rajasthan, Through The Public Prosecutor.
----Respondent S.B. Criminal Miscellaneous (Petition) No. 3234/2021 Smt. Asha Agarwal Wife Of Naresh Agarwal, Resident Of Plot No. 17 Lions Colony, Tonk Raod, Jaipur (Raj).
----Petitioner Versus State Of Rajasthan, Through The Public Prosecutor.
----Respondent
S.B. Criminal Miscellaneous (Petition) No. 3243/2021
(2 of 3) [CRLMP-3223/2021]
Pranay Son Of Naresh Singhal, Resident Of Shivganj Mandi, Station Road, Bayana, District Bharatpur (Raj)
----Petitioner Versus State Of Rajasthan, Through The Public Prosecutor.
----Respondent
For Petitioner(s) : Mr. Manak Chand Jain with Mr. Ankit Jain For Respondent(s) : Mr. F.R. Meena, PP Mr. Mohit Gupta, DCF (Wildlife) Bharatpur
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
04/10/2021
Since issue involved in all these matters is common, they are
being disposed of by this common order.
In pursuance of direction of this Court dated 01.09.2021, Mr.
Mohit Gupta, DCF (Wildlife) Bharatpur is present in the Court.
All these criminal miscellaneous petitions under Section 482
CrPC have been filed against the judgment dated 06.05.2021
passed by the Court of Special Judge, SC/ST (Prevention of
Atrocities) Cases, Sawaimadhopur whereby the revision petitions
preferred by the petitioners against the order dated 22.02.2021
passed by the appellate authority and Chief Conservator of Forest,
Ranthambore Tiger Project, Sawaimadhopur dated 22.02.2021
partly allowing the appeals preferred by the petitioners, have been
dismissed.
Learned counsel for the petitioners submitted that while
partly allowing the appeals and quashing the order dated
04.12.2020 passed by the authorized officer and Assistant
(3 of 3) [CRLMP-3223/2021]
Conservator of Forest confiscating the vehicle in question, the
appellate authority erred in directing the release of vehicle in
question on furnishing bank guarantee for Rs.5,00,000/- which is
too excessive. Relying on the judgment of this Court dated
14.11.2014 in case of Kuldeep Vs. State of Rajasthan, S.B.
Criminal Miscellaneous Petition No.2532/2014, he submitted
that the amount of bank guarantee be reduced suitably.
Learned Public Prosecutor opposed the criminal
miscellaneous petitions.
Taking into consideration the contentions advanced by
learned counsel for the petitioners, the material on record and in
the backdrop of judgment of this Court in case of Kuldeep
(supra), this Court deems it just and proper to reduce the amount
of bank guarantee fixed by the appellate authority at
Rs.5,00,000/- to Rs.2,50,000/-. Rest of the order dated
22.02.2021 is maintained.
Resultanlty, these criminal miscellaneous petitions are
allowed in terms aforesaid.
(MAHENDAR KUMAR GOYAL),J
PRAGATI/41-45
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