CRM-M No.30665 of 2026 -1- 131 THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.30665 of 2026 Date of Decision: 27.05.2026 Amrit Pal Goyal ..... Petitioner Versus State of Punjab and another ..... Respondents CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ *** Present: Mr. Rahul Goyal, Advocate for the petitioner. *** RAJESH BHARDWAJ, J. (ORAL) 1. Present petition has been filed praying for modification of the impugned order dated 27.03.2026 passed by the learned Sub Divisional Judicial Magistrate, Dasuya in case bearing FIR No.41, dated 22.02.2026, under Sections 305, 331(3), 3(5), 351(2) of BNS, registered at Police Station Dasuya, District Hoshiarpur to the extent of reducing the superdari/sapurdari bond amount fixed as Rs.25,00,000/- and surety amount for vehicle in question. 2. Learned counsel for the petitioner has submitted that the petitioner was prosecuted in case bearing FIR No.41, dated 22.02.2026, under Sections 305, 331(3), 3(5), 351(2) of BNS, registered at Police Station Dasuya, District Hoshiarpur. He has submitted that the petitioner was prosecuted on the allegation of theft/illegal taking away of vehicle RITTU 2026.05.29 19:04 I attest to the accuracy and integrity of this document CRM-M No.30665 of 2026 -2- belonging to the petitioner. He has submitted that after registration of the FIR, the vehicle in question, i.e. Innova 2.5G bearing registration No.PB-04-V-0230- was recovered and taken into possession by the police authorities. He has submitted that the petitioner, being the registered owner of the vehicle in question, has filed an application before the learned Sub Divisional Judicial Magistrate, Dasuya for release of the same on superdari/sapurdari. He has submitted that the learned trial Court vide order dated 27.03.2026 released the vehicle of the petitioner subject to furnishing superdari/sapurdari bonds in the sum of Rs.25,00,000/- with one surety in the like amount. He has submitted that the market value of the vehicle in question is approximately Rs.6,50,000/- whereas the learned trial Court has imposed the surety amount exceeding four times the value of the vehicle. He has relied upon the judgment passed by Hon’ble the Supreme Court in ‘Sunderbhai Ambala Desai vs. State of Gujarat’, 2003(1) RCR (Criminal) 380. He has further submitted that the said condition imposed upon the petitioner by the learned trial Court is nothing but an abuse of process of law and the petitioner would suffer an irreparable loss in case the same is not reduced, thus, the impugned order deserves to be modified. 3. Heard. 4. After hearing learned counsel for the petitioner and perusing the record, it is apparent that the petitioner was prosecuted in case bearing FIR No.41, dated 22.02.2026, under Sections 305, 331(3), 3(5), 351(2) of BNS, registered at Police Station Dasuya, District RITTU 2026.05.29 19:04 I attest to the accuracy and integrity of this document CRM-M No.30665 of 2026 -3- Hoshiarpur on the allegation of theft/illegal taking away of vehicle belonging to the petitioner. The application filed by the petitioner for release of the vehicle in question on superdari/sapurdari was allowed by the learned Sub Divisional Judicial Magistrate, Dasuya vide order dated 27.03.2026 subject to furnishing superdari/sapurdari bonds in the sum of Rs.25,00,000/- with one surety in the like amount. As submitted before this Court by learned counsel for the petitioner that the market value of the vehicle in question is approximately Rs.6,50,000/- 5. This Court finds that the sapurdari bonds to the tune of Rs.25,00,000/- imposed upon the petitioner by the learned trial Court needs to be modified. 6. Keeping in view the abovesaid facts, the impugned order dated 27.03.2026 is ordered to be modified and the vehicle in question is ordered to be released to the petitioner on sapurdari on furnishing his fresh sapurdari bonds to the tune of Rs.3,00,000/-, instead of Rs.25,00,000/-. Rest of the terms of the order dated 27.03.2026 passed by the learned Sub Divisional Judicial Magistrate, Dasuya will remain intact. 7. Present petition stands disposed of accordingly. (RAJESH BHARDWAJ) 27.05.2026 JUDGE rittu Whether speaking/reasoned : Yes/No Whether reportable : Yes/No RITTU 2026.05.29 19:04 I attest to the accuracy and integrity of this document