Gujarat High Court
Patel Jitendrakumar Devkaranbhai vs State Of Gujarat on 5 July, 2017
Author: P.P.Bhatt
Bench: P.P.Bhatt
R/CR.RA/547/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL REVISION APPLICATION NO. 547 of 2017
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PATEL JITENDRAKUMAR DEVKARANBHAI....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MS. KRUTI M SHAH, ADVOCATE for the Applicant(s) No. 1
MR KL PANDYA APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE P.P.BHATT
Date : 05/07/2017
ORAL ORDER
1. Present Criminal Revision Application is filed under Section 397 read with Section 401 of Code of Criminal Procedure, by the petitioner being aggrieved and dissatisfied with the order passed by the learned Additional Judicial Magistrate First Class, Mansa, in Criminal Misc. Application No.130 of 2017 dated 9.6.2017, whereby the learned trial Judge, while releasing the muddamal being vehicle i.e. Dumper bearing Registration No.GJ-16W-3852 having Chassis No. MAT 448109 C-3D 11805 and Engine No.B 591803121 D.63253461, imposed condition to provide bank guarantee of one and half times of value of said muddamal vehicle.
2. As stated in the petition, the above referred vehicle is taken as muddamal in connection with the complaint registered as Crime Register No.I-38 of 2017 with Mansa Police Station for the offences under Sections 379 and 114 of the Indian Penal Code and Sections 3 and 7 of the Prevention of Page 1 of 5 HC-NIC Page 1 of 5 Created On Sun Jul 23 14:21:15 IST 2017 R/CR.RA/547/2017 ORDER Damage to Public Property Act, 1984. For release of such vehicle, the petitioner preferred an application under Section 451 of the Code of Criminal Procedure, 1973 before the learned Additional Judicial Magistrate First Class at Mansa. Such application came to be allowed by the learned Magistrate vide order dated 9.6.2017. The petitioner is mainly aggrieved by the condition of giving bank guarantee of one and half times the value of the vehicle and thus, has challenged the order passed by the learned trial Judge seeking modification of the order so far as to the condition of giving bank guarantee by way the present Criminal Revision Application.
3. Learned advocate, Ms. Kruti M. Shah for the petitioner, submitted that for the offence of theft of sand, which was allegedly found loaded in the vehicle of the petitioner, the petitioner should not have been asked to give bank guarantee of one and half times the value of the vehicle for release of the vehicle. She submitted that there are not less than ten other conditions imposed while ordering to release the vehicle to ensure that the vehicle is made available at the time of trial and, therefore, the learned Judge ought not to have imposed such harsh condition of providing bank guarantee to get the vehicle released. She also submitted that the petitioner is not involved in any other case and in absence of any antecedent of the petitioner, the learned trial Judge was not justified in asking for even providing bank guarantee of one and half times the value of the vehicle. She therefore, prayed that the said condition is required to be quashed and set aside.
4. Learned advocate Ms. Kruti Shah for the petitioner has placed reliance on the case of Central Bureau of Investigation Vs. State of Gujarat reported in (2007)3 Page 2 of 5 HC-NIC Page 2 of 5 Created On Sun Jul 23 14:21:15 IST 2017 R/CR.RA/547/2017 ORDER Supreme Court Cases (Cri) 65 to show that Revision can be preferred directly before the High Court against the order of Chief Judicial Magistrate instead of first moving Sessions Court. She therefore, submitted that this Court can entertain present application. She has placed reliance upon the case of Bariullam Muhammad Israilkhan Vs. State of Gujarat and another decided by Coordinate Bench of this Court vide order dated 13.1.2016 passed in Criminal Revision Application No.749 of 2015 and submitted that this Court has entertained the application and quashed and set aside the order of the learned trial Court. She also placed reliance in the case of Mori Rameshbhai Mavjibhai Vs. State of Gujarat vide order dated 11.1.2016 in Special Criminal Application No.7413 of 2016 dated 11.11.2016 decided by Coordinate Bench of this Court and submitted that in similar type of facts, the condition imposed by the learned trial Court is modified.
5. Learned APP submitted that since the vehicle of the petitioner was found for committing theft of sand, which is mineral, from the river bed, the learned trial Judge has deemed it proper to impose additional condition of providing bank guarantee of one and half times the value of the vehicle by the petitioner while ordering to release the vehicle. Learned APP further submits that looking to the facts and circumstances, the condition imposed by the learned trial Judge appears to be just and reasonable and therefore, this Court may not exercise the revisional power to alter or modify the said condition.
6. Regard being had to the above submissions and having perused the order dated 9.6.2017 passed by the learned Additional Judicial Magistrate First Class, Mansa, for release of the vehicle, it appears that the vehicle of the petitioner is Page 3 of 5 HC-NIC Page 3 of 5 Created On Sun Jul 23 14:21:15 IST 2017 R/CR.RA/547/2017 ORDER taken as muddamal in connection with the offence under sections 379 and 114 of Indian Penal Code. While releasing the vehicle by the learned trial Judge, with bank guarantee of one and half times the value of the vehicle, the learned trial Judge has also imposed 10 other conditions and said conditions appear to be sufficient to ensure that the vehicle of the petitioner is made available at the time of trial.
7. Having regard to the facts and circumstances of the present case and the decisions cited by the learned advocate for the petitioner, this Court is of the view that under Section 397 of Code of Criminal Procedure, there is a concurrent jurisdiction and such application is maintainable. Moreover, looking to the facts and circumstances, the condition imposed by the learned trial Court for furnishing bank guarantee to the tune of one and half times of the value of the vehicle is required to be modified and in place of such condition, the petitioner is required to be directed to furnish personal bond with solvent surety for the amount equal to the value of the vehicle.
8. In view of the discussion, the condition with regard to provide bank guarantee of one and half times of the value of the vehicle is hereby modified to the effect that the petitioner shall furnish the personal bond with solvent surety for the amount equal to the value of vehicle. Rest of the conditions of the impugned order shall remain unaltered and the petitioner shall be abide by those conditions. The order passed by the learned Additional Judicial Magistrate First Class, Mansa, in Criminal Misc. Application No.130 of 2017 dated 9.6.2017 is modified to the aforesaid extent. Rule is made absolute to the aforesaid extent. Direct service is permitted.
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