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2025 DAILYLAW 41799 (RAJ)

MAHENDRA TAKAR S/O SHRI SHARVANLAL TAKAR v. STATE OF RAJASTHAN

CRLMP/464/2025 · 2025-02-17

Vinod Kumar Bharwani

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:6975] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 464/2025 Mahendra Takar S/o Shri Sharvanlal Takar, R/o Ward No. 1, Maliram Neta Ki Dhani, Mundali, Ranjeetpura Rainwal District Jaipur. ----Petitioner Versus State of Rajasthan through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Santosh Singh Shekhawat, Adv. & Mr. Kirti Vardhan Singh Rathore, Adv. For Respondent(s) : Mr. Rishi Raj Singh Rathore, P.P. HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 17/02/2025 : 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 ld. Trial Court vide its impugned order dt.19.11.2024 with regard to deposition of F.D.R. amounting to Rs.5,00,000/- in the name of A.D.J. No.1, Sambhar Lake, Jaipur District as security. 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 F.D.R. amounting to Rs.5,00,000/- as security may be waived off/set aside. Counsel further contends that the petitioner is ready to give the ‘supurdginama’ & ‘jamanatnama’, as per per impugned order passed by ld. Trial Court. Counsel also contends that the vehicle should not be permitted to remain parked in the Police Station as the same shall remain gather [2025:RJ-JP:6975] (2 of 2) [CRLMP-464/2025] rust and shall remain unuseful, and, therefore, the aforesaid Condition may be waived off/set aside. 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.19.11.2024 with regard to deposition of F.D.R. amounting to Rs.5,00,000/- in the name of A.D.J. No.1, Sambhar Lake, Jaipur District as security is, hereby, waived off/ set aside. The vehicle-in-question of the petitioner is directed to be released on rest of the Conditions, as imposed by the ld. Trial corut in its order dt.19.11.2024. Consequently, the present petition stands disposed of. Pending application, if any, also stands disposed of. (VINOD KUMAR BHARWANI),J. ASHOK/