PRAKASH Vs. STATE

JUDGEMENT

(1.) The present petition is filed on a limited circumstance that the petitioner's lorry which had been seized on the allegation of having transported sand illegally, has been released in his favour subject to several conditions, one of which was that the petitioner should furnish a bank guarantee for a sum of Rs. 10,00,000/- apart from executing an indemnity bond for a sum of Rs. 10,00,000/- and to furnish a surety for a likesum. It is on record that the lorry in question has been hypothecated with the financier and therefore it is unlikely that the petitioner would be in a position to dispose of the vehicle during the tenure of the said hypothecation. Further, since the execution of the indemnity bond and surety bond is also satisfied, the further condition prescribed to furnish a bank guarantee for a sum of Rs. 10,00,000/- is onerous and therefore, the petitioner shall be permitted to furnish yet another surety for a likesum of Rs. 10,00,000/- which would sufficiently safeguard the interest of justice.