Dungar Singh vs State Of Rajasthan (2025:Rj-Jd:3668)
2025 Latest Caselaw 4893 Raj

Rajasthan High Court - Jodhpur

Dungar Singh vs State Of Rajasthan (2025:Rj-Jd:3668) on 20 January, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:3668]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Criminal Misc(Pet.) No. 100/2025

 Dungar Singh S/o Jog Singh, Aged About 40 Years, R/o Village
 Sarat, Tehsil And Dist. Jalore,raj.
                                                                      ----Petitioner
                                       Versus
 State Of Rajasthan, Through Pp
                                                                    ----Respondent


For Petitioner(s)            :     Mr. Moti Singh
For Respondent(s)            :     Mr. Vikram Rajpurohit, Dy.G.A.



                HON'BLE MR. JUSTICE FARJAND ALI

Order

20/01/2025

1. The instant criminal miscellaneous petition under Section

528 of BNSS has been preferred by the petitioner against

the order passed by the learned Additional Chief Judicial

Magistrate, No.2, District Jalore in FIR No.195/2024, Police

Station Bagra, District Jalore registered for the offence under

Sections 303(2) of the BNS & Section 4/21 of the MMDR Act,

whereby the learned Judge accepted the application filed by

the petitioner for releasing Tractor Loader No.RJ-16-RB-9734

but imposed condition No.6 upon the petitioner to furnish

bank guarantee of Rs.10,00,000/-. Hence, the instant Misc.

Petition.

2. Learned counsel for the petitioner submits that the petitioner

is a registered owner and is entitled to get back the

possession of the vehicle in question. There is no other

claimant. If the vehicle is stationed in the Police station

[2025:RJ-JD:3668] (2 of 3) [CRLMP-100/2025]

premises, the condition of vehicle will deteriorate and the

same would be a national loss. He placed reliance on the

judgment passed by the Supreme Court in the case of

Sunder Bhai Ambalal Desai Vs. State of Gujarat [(2002) 10

SCC 283].

3. Learned Public Prosecutor opposed the submissions made by

counsel for the petitioner.

4. I have heard and considered the submissions advanced at

the Bar and gone through the order impugned as well as the

material made available to the Court.

5. In view of the settled legal propositions and guided by the

judicial pronouncement passed in the case of Sunder Bhai

Ambalal Desai (supra), and considering that the condition

No.6 imposed by the court below regarding furnishing bank

guarantee of Rs.10,00,000/-, is harsh and onerous, this

Court is of the view that there is no requirement of

furnishing bank guarantee thus, it is deemed just and

appropriate to allow the instant Misc. Petition.

6. Accordingly, the Misc. Petition is allowed. The order dated

21.11.2024 passed by learned Additional Chief Judicial

Magistrate, NO.2, District Jalore passed in FIR No.195/2024

is hereby quashed to the extent of condition No.6 regarding

furnishing bank guarantee of Rs.25,00,000/- (Twenty Five

lacs). Thus the condition No.6 is waived. The vehicle shall be

released upon furnishing supurdginama and surety as

directed by the Court below. It is further made clear that if

any compounding fees is pending with the Mining

[2025:RJ-JD:3668] (3 of 3) [CRLMP-100/2025]

Department, the same shall be paid by the petitioner within

15 days and only whereafter the vehicle shall be released

and condition No.6 of the order dated 21.11.2024 shall be

stuck down.

(FARJAND ALI),J 78-Samvedana/-

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