R/SCR.A/13406/2025 ORDER DATED: 03/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 13406 of 2025 ========================================================== ALGOTAR LALABHAI NARANBHAI(ALGOTAR LALABHAI NARAYANBHAI) Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR S D MOGHARIYA(11273) for the Applicant(s) No. 1 MR JIGNESH D CHAVDA(14601) for the Applicant(s) No. 1 MR MANAN MAHETA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 03/10/2025 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: “Your Lordships may be pleased to admit and allow this present petition and be pleased to quash and set aside the order dated 25.08.2025 in Criminal Misc. Application No.541 of 2025 order passed by the 4th Add. Sessions Judge, Surendranagar and be pleased to modify condition to give the solvent surety instead of bank guarantee equivalent to one and half times (1.5) of the value of the seized tractor;” [3.0] The muddamal vehicle being Mahindra & Mahindra Tractor No.GJ-13-CA-3662 came to be released by the learned 4th Additional Sessions Judge, Surendranagar vide order dated 25.08.2025. While releasing the muddamal vehicle, the learned Judge has been pleased to impose condition that the petitioner shall furnish a Bank Guarantee of one and half (1.5) times the value of the muddamal vehicle alongwith a personal surety of the same amount. It is the said condition that the petitioner is seeking modification. R/SCR.A/13406/2025 ORDER DATED: 03/10/2025 [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 impugned condition of order dated 25.08.2025 passed in Criminal Revision Application No.541 of 2025 by the learned 4th Additional Sessions Judge, Surendranagar which now shall read as under: “… petitioner shall furnish a solvent surety of one and half times the value of the muddamal vehicle;” [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 03/10/2025 14:53:48