Rajasthan High Court - Jodhpur
Sukhpal Singh vs State on 6 July, 2012
Author: Sandeep Mehta
Bench: Sandeep Mehta
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
ORDER
S.B.CRIMINAL REVISION NO.533/2012 Sukhpal Singh Vs. State of Rajasthan Date of order : 6.7.2012 HON'BLE MR. JUSTICE SANDEEP MEHTA Mr. Rakesh Matoria, for the petitioner. Ms. Chandralekha, P.P. <><><> Issue notice. Learned PP accepts notice on behalf of State.
With the consent of learned counsel for the parties, the matter is heard and finally decided.
The instant revision petition has been preferred by the petitioner challenging the order dated 26.6.2012 passed by learned Additional Sessions Judge No.2, Sri Ganganagar in Crl. Misc. Case No.79/2012 whereby whilst allowing the application filed by the petitioner under Sections 451 Cr.P.C., the petitioner's truck has been released on furnishing bail bonds and bank guarantee of Rs.4 lakhs.
Relying on a decision of Jaipur Bench of this Court in the case of Rajendra Kumar vs. State of Rajasthan reported in 1996 Cr.L.R. (Raj.) 101, learned counsel for the petitioner submits that the condition imposed on the petitioner, whereby he has to submit a bank guarantee of Rs.4 lakhs, is unjustified and onerous condition and amounts to an abuse of process of Court. It is submitted that apart from this condition, other stringent conditions have already been imposed and, therefore, there is no justification to impose the condition of furnishing the bank guarantee.
Learned PP has opposed the revision petition. Having regard to the facts and circumstances of the case, the instant revision petition is allowed and the order dated 26.6.2012 passed by learned Additional Sessions Judge No.2, Sri Ganganagar, particularly condition No.5, is hereby modified and now the said condition No.5 in the order impugned shall stand deleted. The petitioner's truck shall be released on supardginama on his complying with other conditions imposed by the learned trial court.
(SANDEEP MEHTA), J.
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