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Rajasthan High Court - Jodhpur
Smt Bhanwari Devi vs State Of Rajasthan (2026:Rj-Jd:6465) on 4 February, 2026
[2026:RJ-JD:6465]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 10520/2025
Smt Bhanwari Devi W/o Kishana Ram, Aged About 35 Years,
Resident Of Manjuon Ki Dhani Bhalisar Tehsil Dhorimanna
Barmer Rajasthan. Through Power Attorney Holder Kishana Ram
S O Bagaram.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Kotek Mahindra Bank Ltd, Regional Office 57 Krishna
Tower Sardar Patel Marg C-Scheme Jaipur, Through
Authorized Signatory Shri Dedaram Choudhary.
----Respondents
Connected With
S.B. Criminal Misc(Pet.) No. 6348/2025
Kotak Mahindra Bank Ltd, Having Its Registered Office At 27 Bkc,
C 27, G Block, Bandra Kurla Complex, Bandra (E), Mumbai-
400051 Regional Office At 57, Krishna Tower, Sardar Patel Marg,
C-Scheme, Jaipur, Rajasthan, Thorugh Its Authorized Signatory
Mayur Parihar. Age About 34 Years.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Kishna Ram S/o Shri Baga Ram, R/o Bhalisar, Barmer,
Rajasthan-344704
----Respondents
For Petitioner(s) : Mr. Surendra Bagmalani
Mr. Arpit Mehta
Mr. Rohitash Singh
For Respondent(s) : Mr. Vikram Singh Rajpurohit, PP
Mr. Surendra Bagmalani
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[2026:RJ-JD:6465] (2 of 4) [CRLMP-10520/2025]
HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU
Order
04/02/2026
S.B. Criminal Misc(Pet.) No. 10520/2025
Learned counsel for the petitioner does not wish to press the
present Criminal Miscellaneous Petition in view of the order passed
in the connected CRLMP No. 6348/2025.
In view of the directions and observations made by this
Court in the aforesaid connected matter, learned counsel seeks
permission to withdraw the present petition with liberty to pursue
the revision petition pending before the competent Court.
Accordingly, in view of the observations already made by this
Court in CRLMP No. 6348/2025 and with the liberty as prayed for,
the present Criminal Miscellaneous Petition is dismissed as not
pressed.
The petitioner shall be at liberty to raise all available
contentions before the learned Revisional Court.
S.B. Criminal Misc(Pet.) No. 6348/2025
The instant Criminal Miscellaneous Petition has been filed
against the order dated 19.09.2025 passed by the learned
Additional Civil Judge (Senior Division) & Additional Chief Judicial
Magistrate No. 1, Barmer, in Criminal Application No. 33/2025,
whereby the learned Trial Court allowed the application filed under
Sections 497 and 503 of the Bharatiya Nagarik Suraksha Sanhita
and ordered release of the vehicle, namely Mahindra Bolero
bearing Registration No. GJ-08-CK-3043, in favour of the
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[2026:RJ-JD:6465] (3 of 4) [CRLMP-10520/2025]
petitioner-Company, subject to the condition of furnishing a surety
bond and bail bond in the sum of ₹9,00,000/-, and further subject
to taking the vehicle on supurdginama.
Learned counsel for the petitioner submits that the value of
the vehicle in question is only about ₹3,00,000/- and, therefore,
the condition requiring the petitioner-Company to furnish surety
bond and bail bond in the sum of ₹9,00,000/- is onerous,
excessive and unjustified. It is further submitted that the condition
of taking custody of the vehicle on supurdginama is also
impracticable, as officers of the petitioner-Company/bank are
frequently transferred, making compliance with such a condition
difficult. It is, therefore, prayed that the said conditions be
suitably modified and that the vehicle be released on the basis of
an undertaking.
Learned Public Prosecutor has opposed the prayer made by
learned counsel for the petitioner.
I have considered the submissions advanced by learned
counsel for the parties and perused the material available on
record.
Keeping in view the facts and circumstances of the case, this
Court is of the considered opinion that the condition of furnishing
surety bond and bail bond in the sum of ₹9,00,000/- imposed by
the learned Trial Court is harsh and disproportionate to the value
of the vehicle and deserves to be interfered with. Further, the
condition requiring custody of the vehicle on supurdginama also
warrants modification in the facts of the present case. The
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[2026:RJ-JD:6465] (4 of 4) [CRLMP-10520/2025]
petitioner has rightly placed reliance on the order passed by a
Coordinate Bench of this Court in CRLMP No. 3350/2020.
Accordingly, the order dated 19.09.2025 is set aside to the
extent that it imposes the condition of furnishing surety bond and
bail bond in the sum of ₹9,00,000/- and taking custody of the
vehicle on supurdginama. It is directed that the vehicle in
question, namely Mahindra Bolero bearing Registration No. GJ-08-
CK-3043, Engine No. TNM4E83706 and Chassis No.
MA1RY2TNKM3F90152, shall be released in favour of the
petitioner-Company subject to furnishing an undertaking in the
sum of ₹3,00,000/-.
It is clarified that the interference with the impugned order is
limited only to the extent indicated above and shall not be
construed as an expression on the merits of the case, particularly
in view of the fact that a revision petition filed by Bhawani Devi is
pending before the learned Revisional Court. The learned
Revisional Court shall decide the said revision independently,
uninfluenced by the present order.
The Criminal Miscellaneous Petition is allowed in the above
terms.
(BALJINDER SINGH SANDHU),J
190-191-nishantk/-
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