BHAGWATI SHANKAR SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Shri Bhaskar Pyasi, Advocate, for the petitioner. Shri Sanjay K. Agarwal, Deputy Advocate General, for the State. With the consent of the parties the matter is heard finally.

(2.) The facts emerged in this petition are to the effect that an accident had taken place and a matador having registration No. M.P. 23-D/9380 was seized for the offence punishable under Sections 279, 337 and 338 of the Indian Penal Code and challan was filed before the concerned Magistrate. Learned trial Magistrate vide order dated 19-10-2000 imposed a condition of furnishing bank guarantee of Rs. 50,000.00 for getting the offending vehicle on supurdnama. Feeling aggrieved by the imposition of such condition the applicant preferred a Criminal Revision No. 51/2000 before the Additional Sessions Judge who vide order dated 8-12-2000 confirmed the order dt. 19-10-2000. Thereafter the applicant again moved an application under Section 451 of the Cr. P.C. relying on a decision reported in 2001 (1) MPJR 292, Sivaram Singh v. State of M.P. for review of the order dt. 19-10-2000. Said application has been rejected by the trial Court vide order dt. 16-3-2002. Feeling aggrieved by the order dt. 16-3-2002 the applicant filed Revision Petition No. 8/2002 in the Court of Additional Sessions Judge, who placing reliance on the decision reported in 1999 (2) MPJR 205, N. D. Singhal v. State of M.P. dismissed the revision vide order dt. 22-3-2002 thereby confirmed the order passed by the trial Court.

(3.) Being aggrieved by the order dt. 22-3-2002 the applicant has filed this petition under Section 482 of the Code of Criminal Procedure challenging the validity, propriety and legality of the impugned order.