R/SCR.A/9191/2025 ORDER DATED: 07/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (MODIFICATION/DELETION OF CONDITION) NO. 9191 of 2025 ========================================================== JAGABHAI PACHAN RABARI Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR MANOJ P SOLANKI(11598) for the Applicant(s) No. 1 MS DHWANI TRIPATHI, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 07/07/2025 ORAL ORDER 1. By way of the present petition under Article 226 and 227 of the Constitution of India, the petitioner has sought for the following relief: “(A) YOUR LORDSHIP may be pleased to issue a writ in nature of certiorari, order or direction by modifying the condition order para-3 passed by Ld. 5th Addl. District and Sessions Judge, Bhuj-Kachchh which came to be allowed vide order dated 16.07.2024 with the personal guarantee bond with surety to the tune of one and half amount of muddamal vehicle instead of bank guarantee tune of one and half amount of muddamal vehicle;” 2. Heard learned advocate for the petitioner and learned APP for the respondent-State. 3. Perused the order dated 16.07.2024 passed by the learned 5th Additional District and Sessions Judge, Bhuj-Kachchh wherein it is mentioned that as per the decision of the Hon’ble Apex Court in the R/SCR.A/9191/2025 ORDER DATED: 07/07/2025 case of Jhala Ghanshyamsingh Mobatsingh vs. State of Gujarat, reported in 2018(2) GLR 1516, the coordinate Bench of this Court has held that provisions of Section 451 and 457 of the Cr.P.C. are applicable with regard to the Muddamal Vehicle seized under the Mines and Mineral (Regulation and Development) Act, 1957 and it has been further held that while ordering the interim release, the minimum condition of furnishing of Bank Guarantee should be imposed. Para 7 of the of the aforesaid decision is observed as under : “7 Thus, in Bapalalsinh Dolatsinh Jadeja (supra), this Court explained the position of law as regards the power of the Magistrate or to order interim release of the vehicle under Sections 451 or 457 of the Cr.P.C., as the case may be, seized in connection with an offence under the Mines and Minerals (Regulation and Development) Act. This Court took the view that unlike the offence under the Gujarat Prohibition Act, 1949, the Magistrate or the Court has the power to order interim release of the vehicle seized in connection with an offence relating to illegal mining. However, I would like to clarify that although such power is there with the Magistrate or the Court under Sections 451 or 457 of the Cr.P.C., yet it has to be exercised for good reasons and in exceptional cases only. If at all the Court concerned has any good reason to order interim release of the vehicle, the same should be on strict condition. To put it in other words, while ordering such interim release, the minimum condition of furnishing bank guarantee should be ordered.” 4. Having heard learned advocates for the respective parties and having considered the averments made in the application, it appears that minimum 1.5 times amount of the vehicle of the unconditional Bank guarantee is required to be furnished and the learned Court below has not committed any error while imposing the said condition. Page 2 of 3 R/SCR.A/9191/2025 ORDER DATED: 07/07/2025 Further, upon instructions, learned advocate for the petitioner has submitted that petitioner is not ready and willing to furnish 1.5 times solvent surety of the value of the vehicle. Therefore, no interference is called for in the order passed by the learned Court below considering the object of Mines and Mineral (Regulation and Development) Act, 1957 and stringent provisions for confiscation of vehicle, release of muddamal by paying alleged amount of theft and compounding charge etc. Hence, the present petition is dismissed at admission stage. (HASMUKH D. SUTHAR, J.) Ajay Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 07/07/2025 18:18:31