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2025 DAILYLAW 38197 (RAJ)

HARLAL MEENA S/O CHOTELAL MEENA v. STATE OF RAJASTHAN

CRLMP/832/2021 · 2025-09-15

Ashutosh Kumar

body2025

Judgment text

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[2025:RJ-JP:37341] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 832/2021 Harlal Meena S/o Chotelal Meena, R/o Village - Alooda, Nagal Rajawatan, Dausa At Present R/o Boodthal, Tehsil - Bassi, District- Jaipur. ----Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Ritesh Jain, Adv. with Dr. Ram Dev Arya, Adv. For Respondent(s) : Mr. Vivek Sharma, Addl. G.A. Mr. Devi Singh, Dy. G.A. HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 15/09/2025 1. This petition has been filed under Section 482 Cr.P.C. to quash and set aside the order dated 07.07.2020 passed by learned Additional District Judge, Dausa (hereinafter referred to 'learned Revisional Court'), whereby, the revision petition filed by the petitioner was dismissed and also to quash and set aside the condition imposed by learned Chief Judicial Magistrate, Dausa (hereinafter referred to as 'learned trial Court') vide order dated 27.08.2019, wherein, learned trial Court directed the petitioner to furnish "supurdaginama" and submit bank guarantee of Rs.6,00,000/- for releasing the tractor bearing registration No.RJ21RD0216 of the petitioner, which has been seized by the police in relation to FIR No.91/2018 registered at Police Station [2025:RJ-JP:37341] (2 of 3) [CRLMP-832/2021] Sadar, Dausa for the offences punishable under Sections 279, 304-A of IPC. 2. Learned counsel for the petitioner submits that as per the prosecution case, the aforesaid tractor was involved in the accident and thereby seized by the police. Learned counsel also submits that when the petitioner filed an application for release of the tractor, learned trial Court vide order dated 27.08.2019 imposed a condition of furnishing bank guarantee of Rs.6,00,000/- as at that time, the tractor was not insured. The petitioner filed a revision petition, which was also dismissed by learned Revisional Court in Criminal Revision Petition No.21/2020 dated 07.07.2020. 3. Learned counsel for the petitioner contends that the tractor involved in this case is a model manufactured in the year 1999 and since it was seized by the police in the year 2018, it has been lying unattended for the last about 6-7 years in the Police Station Sadar, Dausa. The condition of the tractor has already been deteriorated and at present the value of the tractor is not more than Rs.50,000/-, therefore, the petition be allowed and condition of furnishing bank guarantee of Rs.6,00,000/- be modified to the extent of Rs.50,000/-. 4. Learned Public Prosecutor vehemently opposes the prayer made by learned counsel for the petitioner. 5. Looking to the facts and circumstances of the case and the fact that the tractor is a model manufactured in the year 1999 and is lying unattended in the police station for the last about 6-7 years, therefore, in these circumstances, the condition of [2025:RJ-JP:37341] (3 of 3) [CRLMP-832/2021] furnishing bank guarantee of Rs.6,00,000/- is reduced to Rs.1,00,000/-. 6. In that view of the matter, the petition is partly allowed and the order dated 27.08.2019 passed by learned trial Court is hereby modified to this extent. 7. Pending application(s), if any, also stands disposed of. (ASHUTOSH KUMAR),J Mohita /24