HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Petition No. 7868/2024 Hanif Khan S/o Shri Bhanware Khan, Aged About 35 Years, R/o Jamlaro Taswariyon Ki Dhani, Nawoda Bera, Barmer (Raj). ----Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner : Mr. Devanshu Sharma, Adv. For Respondent : Mr. Manvendra Singh Shekhawat, PP HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 13/01/2025 1. This petition has been filed challenging the orders dated 07.11.2024 passed by learned Additional Sessions Judge No.1, Kishangarh, District Ajmer (hereinafter referred to as the 'Revisional Court') in Criminal Revision No.68/2024 whereby learned Revisional Court while dismissing the revision filed on behalf of the petitioner, upheld the order dated 04.10.2024 passed by learned Additional Chief Judicial Magistrate, Kishangarh, District Ajmer (hereinafter referred to as the 'trial Court') in FIR No.319/2024 registered at Police Station Gandhi Nagar, District Ajmer. Learned trial Court vide order dated 04.10.2024, while partly allowing the application filed on behalf of the petitioner for releasing vehicle of the petitioner i.e. Truck bearing registration No. RJ-19-GG-8290 has imposed a condition for furnishing bank guarantee of Rs.5,00,000/-. 2. Learned counsel for the petitioner submitted that the petitioner is a registered owner of Truck bearing registration No. (2 of 3) [CRLMP-7868/2024] RJ-19-GG-8290 and an FIR No.319/2024 has been registered at Police Station Gandhi Nagar, District Ajmer for the offences punishable under Sections 281 and 125(a) of B.N.S., 2023. Learned counsel also submitted that resultantly, the petitioner's vehicle i.e. Truck No. RJ-19-GG-8290 has been seized. 3. Learned counsel for the petitioner argued that learned trial Court vide order dated 04.10.2024, while partly allowing the application filed on behalf of the petitioner for releasing vehicle of the petitioner i.e. Truck bearing registration No. RJ-19-GG-8290 has imposed a condition for furnishing bank guarantee of Rs.5,00,000/-, which is liable to be quashed. 4. Learned counsel for the petitioner has placed reliance of the judgment passed by the Coordinate Bench of this Court in S.B. Criminal Miscellaneous Petition No.347/2023 [Sardar Vs. State of Rajasthan] decided on 02.02.2024, in which the condition of furnishing bank guarantee of Rs.2,00,000/- has been removed. Learned counsel also placed reliance on the judgment passed by the Hon'ble Apex Court in the case of State of Kerala Vs. A.A. Ali [(2019) 14 SCC 800] wherein the Hon'ble Apex Court directed to release the vehicle without insisting for Bank guarantee and reliance has also been placed on another judgment passed by the Coordinate Bench of this Court in the case of Ramesh Kumar Vs. State of Rajasthan [(2007) 1 Cr.L.R. (Raj.) 799], wherein the condition to furnish Bank guarantee of Rs.2,00,000/- has been held to be onerous and unjustified. 5. Learned Public Prosecutor has opposed the prayer made by learned counsel for the petitioner. (3 of 3) [CRLMP-7868/2024] 6. Heard learned counsel for the parties and perused the material available on record. 7. Considering the submissions made on behalf of learned counsel for the parties, this Court is of the considered view that the trial Court has not committed any illegality in requiring supurdginama and undertaking incorporating other conditions. However, considering the condition of the vehicle in issue, the case in which it has been seized and in view of judgments passed by the Hon'ble Apex Court in A.A. Ali (supra) and the judgment of Coordinate Bench of this Court in case of Ramesh Kumar (supra), this Court finds that the condition of bank guarantee of Rs.5,00,000/- is onerous and unjustified, therefore, this Court, in exercise of its inherent powers under Section 528 of B.N.S.S., 2023, deems it a fit case to allow the present petition and modify the impugned order and remove the condition of bank guarantee of Rs.5,00,000/-, rest part of impugned order shall remain operative. 8. The impugned order dated 04.10.2024 is modified to the extent that the condition of furnishing the bank guarantee of Rs.5,00,000/- is removed. The vehicle shall be released on other conditions as mentioned in the impugned order dated 04.10.2024. 9. Stay application and all pending applications, also stand disposed of. (ASHUTOSH KUMAR),J AARZOO ARORA/ 134