R/SCR.A/11713/2025 ORDER DATED: 23/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL) NO. 11713 of 2025 ========================================================== MUBARAKBHAI ALIMAHMAD BHATTI Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR MAULIK M SONI(7249) for the Applicant(s) No. 1 MR MANAN MAHETA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 23/09/2025 ORAL ORDER [1.0] By way of present petition under Articles 226 and 227 of the Constitution of India read with section 528 of the BNSS, the petitioner has prayed for the following reliefs: “(b) Your Lordship may be pleased to modify / substitute / alter condition No.3 imposed in order dated 29.07.2025 passed by the learned 7th Addl. Sessions Judge, Bhuj-Kachchh wherein the Hon’ble court ordered to release the vehicle of BHARATBENZ 3123R 8X2 BSIV having registration no. GJ-12-BW-6708 bearing an unconditional bank guarantee to the tune of 1.5 times the value of the Muddamal seized vehicle along with bail and bond of the same amount in interest of justice;” [3.0] The muddamal vehicle being BHARATBENZ 3123R 8X2 BSIV having registration no. GJ-12-BW-6708 came to be released by the learned 7th Additional Sessions Judge, Bhuj-Kachchh vide order dated 29.07.2025. While releasing the muddamal vehicle, the learned Judge has been pleased to impose condition No.3 which reads as under: “(3) it is hereby ordered to release the vehicle i.e. on BHARATBENZ 3123R 8X2 BSIV having registration no. Page 1 of 2 R/SCR.A/11713/2025 ORDER DATED: 23/09/2025 GJ-12-BW-6708 furnishing an unconditional bank guarantee to the tune of 1.5 times the value of the muddamal seize vehicle, alongwith the Bail and Bond of the same amount, within a period of 15 days from today, on following conditions;” [4.0] Having heard learned advocate appearing for the petitioner and learned APP appearing for respondent – State of Gujarat, this Court is of the considered view that it is expedient to modify the condition No.3 of the order dated 29.07.2025 passed in Criminal Revision Application No.62 of 2025 by the learned 7th Additional Sessions Judge, Bhuj-Kachchh which now shall read as under: “(3) it is hereby ordered to release the vehicle i.e. on BHARATBENZ 3123R 8X2 BSIV having registration no. GJ-12-BW-6708 furnishing a solvent surety of 1.5 times of the actual valuation of the muddamal vehicle, within a period of 15 days from today, on following conditions;” [5.0] Present petition is partly allowed in aforesaid terms. Direct service is permitted. (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 23/09/2025 15:04:10