Mr. S.Lodh vs Mr. Ratan Datta
2022 Latest Caselaw 1143 Tri

                                    1


                 HIGH COURT OF TRIPURA
                       AGARTALA

                           IA 1 of 2022
                  In Crl.Petn. No.47 of 2022(D/O)

                            BEFORE
      HON'BLE MR. JUSTICE S.G.CHATTOPADHYAY

For the Petitioner(s)             : Mr. S.Lodh, Adv.

For the Respondent(s)             : Mr. Ratan Datta, PP

                             ORDER

21.12.2022

[1] By the judgment dated 25.10.2022 passed by this

Court in Crl. Petn. No. 47 of 2022, the vehicle of the petitioner was

released under the following terms and conditions:

"[27] It is directed that the said vehicle bearing registration No.BR-06-G-7004 be released to its registered owner on furnishing bail bond of Rs.10,00,000/-(Ten lakhs) only supported by 02 local sureties of the like amount and on realizing the specific undertaking from the sureties that if the vehicle is not produced on asking or there is no participation in the confiscation proceeding by the registered owner, the sureties shall be equally liable to tender the said amount to the trial court and under the following terms and conditions:

(i) The owner of the vehicle shall keep the vehicle in good condition and he will not transfer the vehicle or bring about any change in the vehicle in any manner, whatsoever, until disposal of the case pending before the trial court and the confiscation proceeding, if any.

(ii) The vehicle shall be produced by the owner as and when directed.

[28] The owner is directed to submit the bail bond along with the original documents of the vehicle before the trial court. Learned trial judge will verify the documents and having been

satisfied about the authenticity of his claim about the ownership of the vehicle and suitability of each of the sureties including their financial capability to pay the penalty in the event of owner's default, shall issue release order of the vehicle under the terms and conditions as stated above. Resultantly, the petition stands allowed and the case is disposed of. There shall be no order as to cost."

[2] By means of filing the present IA, petitioner owner, in

whose favour the judgment was passed, urges the court to relax

the conditions of bail and allow the petitioner to file the bail bond

supported by two sureties from anywhere of the state instead of

two local sureties of Bishalgarh.

[3] Heard Mr.S.Lodh, learned counsel, appearing for the

petitioner who submits that the petitioner could not gather two

sureties of Bishalgarh, as a result of which his vehicle is still lying in

the custody of the police station. Counsel submits that the

petitioner shall be able to furnish bail bond of two sureties from

anywhere of the state from other than Bishalgarh. Counsel

therefore, urges the court for relaxing the conditions of bail.

[4] Mr. Ratan Datta, learned PP while opposing the

contention fairly submits that the court may ensure that bail bonds

are furnished by competent and solvent sureties.

[5] Having considered the fact that for want of local

sureties the petitioner could not secure the release of the vehicle

over this long period of time, this court is of the view that it would

be appropriate to relax the conditions of the bail order to the

extent that the petitioner may file bail bonds with two solvent and

competent sureties from anywhere of the state instead of only from

Bishalgarh.

[6] In terms of the above, the IA stands allowed and the

matter stands disposed of.

JUDGE

Saikat Sarma