Laxmi Narayan Tak vs State Of Rajasthan (2024:Rj-Jd:9570)
2024 Latest Caselaw 1819 Raj

Rajasthan High Court - Jodhpur

Laxmi Narayan Tak vs State Of Rajasthan (2024:Rj-Jd:9570) on 23 February, 2024

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2024:RJ-JD:9570]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 7724/2023

Laxmi Narayan Tak S/o Shri Onkar Lal Tak, Aged About 59 Years,
R/o 17 D Pahadi Bus Stand, Chetak Circle, Dist. Udaipur,
Rajasthan.
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Vikas Siddhawat
For Respondent(s)         :     Mr. Laxman Solanki, PP



            HON'BLE MR. JUSTICE KULDEEP MATHUR

                                    ORDER

23/02/2024

The instant criminal misc. petition has been filed by the

petitioner against the order dated 23.6.2023 passed by the

learned Additional Civil Judge and Judicial Magistrate No.1,

Udaipur City (South) in Case No.25968/2022 whereby the

application filed by the petitioner under Section 451, 457 Cr.P.C.

for releasing the Tata Motor Bus having registration No. RJ09-PA-

1823 on Supardginama has been allowed.

Learned counsel for the petitioner submitted that the vehicle

in question after being seized has been kept in an open area and it

will be rendered useless if allowed to be continued to be kept at

an open place. Learned counsel submitted that the petitioner is

not in a position to satisfy the conditions imposed by the learned

trial court for release of the said vehicle, therefore, the conditions

imposed by learned trial court in its order dated 23.6.2023 may be

relaxed.

[2024:RJ-JD:9570] (2 of 2) [CRLMP-7724/2023]

Learned counsel submitted that it is not in dispute that the

petitioner is the registered owner of the vehicle No.RJ09-PA-1823.

Reliance was placed on the judgment rendered by the Hon'ble

Supreme Court of India in the case of Sunderbhai Ambalal

Desai Vs. State of Gujarat reported in AIR 2003 SC - 638.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

Having regard to the facts and circumstances of the case,

the present criminal misc. petition is disposed of and it is ordered

that the Tata Motor Bus No. RJ09-PA-1823 be released in favour of

the petitioner on his furnishing a bank guarantee of Rs.2,00,000/-

and a Supardginama alongwith bank guarantee/cash amount of

Rs.5,00,000/-. The other conditions of the order dated 23.6.2023

passed by learned Additional Civil Judge and Judicial Magistrate

No.1, Udaipur City (South) arising out of FIR No.882/2021

registered at Police Station Pratapnagar shall remain the same.

The impugned order dated 23.6.2023 is hereby modified to the

above extent. The learned Additional Civil Judge and Judicial

Magistrate No.1, Udaipur City (South) is directed to release the

vehicle of the petitioner in accordance with this order.

The stay application and other applications if any are also

disposed of.

(KULDEEP MATHUR),J 178-TarunGoyal/-

Powered by TCPDF (www.tcpdf.org)