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2025 DAILYLAW 11893 (RAJ)

JITENDRA SINGH @ JITU SON OF BAJRANG v. STATE OF RAJASTHAN

CRLMP/1587/2025 · 2025-04-01

Vinod Kumar Bharwani

body2025

Judgment text

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[2025:RJ-JP:14695] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1587/2025 Jitendra Singh @ Jitu Son Of Bajrang, Resident Of Rajput Colony Badi, Police Station Badi, District Dholpur (Raj). ----Accused-Petitioner Versus State of Rajasthan, Through Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Rajveer Singh Gurjar, Advocate For Respondent(s) : Mr. Amit Gupta, Public Prosecutor HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 01/04/2025 : Instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioner for quashing & setting aside the Condition imposed by the Court of ld. Additional Sessions Judge, Badi District Dholpur vide its impugned order dt.04.03.2025 with regard to deposition of the bank guarantee amounting to Rs.9,00,000/- for releasing his seized vehicle Bolero bearing registration No.RJ-11 UA 4866. Learned counsel appearing for the petitioner contends that the petitioner is an indigent person & does not have enough money and, therefore, looking to financial condition of the petitioner, the Condition imposed by ld. Trial Court with regard to deposition of bank guarantee amounting to Rs.9,00,000/- may be waived off/set aside. Counsel also contends that the vehicle should not be permitted to remain parked in the Police Station as the same shall remain gather rust and shall remain unuseful, and, therefore, the aforesaid Condition imposed by the ld,. Trial Court may be waived off/set aside. [2025:RJ-JP:14695] (2 of 2) [CRLMP-1587/2025] Per contra, learned Public Prosecutor for the State, while supporting the order impugned passed by the ld. trial Court, prays for rejection of the petition. I have heard learned counsel appearing for the parties & have gone through the impugned order as well as the material made available on record. Taking into consideration the facts & circumstances of the case & considering the submissions made at bar, the Condition imposed by the ld. Trial Court vide its impugned order dt.04.03.2025 with regard to deposition of the bank guarantee amounting to Rs.9,00,000/- for releasing the seized vehicle bearing registration No.RJ-11 UA 4866 of the petitioner is, hereby, waived off/set aside. However, the petitioner is directed to furnish a surety bond & ‘supurdginama’ of Rs.9,00,000/- each in place of Rs.50,000/- each before the ld. Trial Court. The rest part of the order dt.04.03.2025 shall be maintained as such. Consequently, the present petition stands disposed of. Pending application, if any, also stands disposed of. (VINOD KUMAR BHARWANI),J ASHOK/