Chanani Devi vs State Of Rajasthan ...
2023 Latest Caselaw 6848 Raj

[2023:RJ-JD:28216] (1 of 2) [CRLR-1145/2023]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 1145/2023

Chanani Devi W/o Gogaram, Aged About 40 Years, R/o Bagoniyo Ki Dhani, Ishrol, Tehsil Chouhatan, District Barmer.

                                                                    ----Petitioner
                                     Versus
State Of Rajasthan, Through Pp
                                                                  ----Respondent


For Petitioner(s)           :    Mr. Surya Deep
For Respondent(s)           :    Mr. Abhishek Purohit, AGA



                HON'BLE MR. JUSTICE FARJAND ALI

                                      Order

05/09/2023

1. The legality, propriety and correctness of the order dated

31.07.2023 passed by learned Judicial Magistrate Chohtan, District

Barmer in Criminal Misc. Case No.51/2023 relating to FIR

No.51/2023 of Police Station Bijrad, District Barmer has been

challenged before this Court by way of filing the instant criminal

revision petition.

2. Heard learned counsel for the parties and gone through the

order under assail.

3. It is not under dispute that the petitioner is the registered

owner of the vehicle and is the best person get back the

possession of his property. It is also not disputed that it is a case

of vehicular accident and there is no provision either under the

Indian Penal Code or under the Motor Vehicle Act for making order

for confiscation, still while allowing the application filed by the

[2023:RJ-JD:28216] (2 of 2) [CRLR-1145/2023]

petitioner under Section 457 of the Cr.P.C., the learned trial Court

has put a condition of furnishing bank guarantee of Rs.3,00,000/-

along with bond of surety.

4. In my considered opinion, imposition of condition of

furnishing bank guarantee of Rs.3,00,000/- is unwarranted and

would be onerous to the interest of the petitioner. In view of the

judgment of Hon'ble Supreme Court in the case of Sunderbhai

Ambalal Desai Vs. State of Gujarat, reported in AIR 2003 SC

638 and as the asset may get deteriorated, if kept in an open

area of the police station, the revision petition is allowed and

order under assail is modified to the extent that the imposition of

condition of furnishing bank guarantee of 3,00,000/- is waived and

rest of the conditions shall remain as it is.

(FARJAND ALI),J 304-Samvedana/-

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