Mangi Lal vs State Of Rajasthan (2026:Rj-Jd:4548)
2026 Latest Caselaw 1098 Raj

Rajasthan High Court - Jodhpur

Mangi Lal vs State Of Rajasthan (2026:Rj-Jd:4548) on 23 January, 2026

[2026:RJ-JD:4548]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Criminal Misc(Pet.) No. 563/2026

Mangi Lal S/o Chaina Ram, Aged About 30 Years, Resident Of
Village Fateh Sagar Pilwa Police Station Lohawat District Phalodi
Rajasthan
                                                                      ----Petitioner
                                       Versus
State Of Rajasthan, Through Pp
                                                                    ----Respondent


For Petitioner(s)            :     Mr. Sunil Dhaka
For Respondent(s)            :     Mr. Vikram Singh Rajpurohit, PP



      HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU

Order

23/01/2026

1. By way of filing the instant criminal misc. petition, challenge

has been made to order dated 15.10.2025 passed by the learned

Additional District Judge (Special Judge, NDPS act Cases), Phalodi

in Criminal Misc. Case No.546/2025, whereby the learned Judge

though allowed the application filed by the petitioner under

Section 451/457 Cr.P.C. but an onerous condition has been

imposed to furnish bank guarantee of Rs.2,00,000/-.

2. Heard learned counsel for the parties.

3. The law was regard to delivery of interim custody of the

vehicle under pending trial has been enunciated by Hon'ble the

Supreme Court in the case of Sunderbhai Ambalal Desai Vs.

State of Gujarat, reported in AIR 2003 SC 638 and

whereafter in the judgment of Sainaba Vs. The State of Kerala

& Anr.

(Uploaded on 27/01/2026 at 11:01:25 AM)

[2026:RJ-JD:4548] (2 of 2) [CRLMP-563/2026]

4. It is observed by Hon'ble the Apex Court that allowing the

vehicle to be parked or stationed in an open area in the Police

Station, may get deterioration and can cause depletion of the

property which would be a loss to the national asset. Anywhere

in the above cited judgments, furnishing of bank guarantee has

not been made compulsory. All the conditions, except furnishing

of bank guarantee, are absolutely in consonance of the legal

provision, but the condition of furnishing bank guarantee, in my

view is onerous and averse to the interest of the petitioner

because furnishing bank guarantee would mean depositing

Rs.2,00,000/- in the bank and then to get the guarantee which

is not purport of law.

5. Accordingly, the misc. petition is allowed to the extent of

waiving off the condition of furnishing bank guarantee and the

rest of the conditions of the order dated 15.10.2025 passed by

the learned Additional District Judge (Special Judge, NDPS act

Cases), Phalodi in Criminal Misc. Case No.546/2025 shall remain

the same. The impugned order dated 15.10.2025 is hereby

modified to the above extent. Thus, the learned Additional

District Judge (Special Judge, NDPS act Cases), District Phalodi

is directed to release the vehicle of the petitioner in accordance

with this order.

(BALJINDER SINGH SANDHU),J 49-Sanjay/-

(Uploaded on 27/01/2026 at 11:01:25 AM)

Powered by TCPDF (www.tcpdf.org)