BARIA KESHUBHAI MULABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed to modify condition No.2(i) imposed by the learned 6 th Addl. Sessions Judge, Panchmahals at Godhra in Criminal Revision Application No.8 of 2022 dtd. 26/8/2022 whereby, the petitioner has been directed to furnish bank guarantee equivalent to the value of the vehicle in question.

(2.) The vehicle of the petitioner bearing Registration No. GJ- 07-VW-6274 came to be seized by the police in connection with the complaint being FIR No.11207002220016 registered with Godhra B-Division Police Station, Panchmahals for offences under Sec. 8(2), 8(4) and 10 of the Gujarat Animal Preservation Act, sec. 11(1)(c) of the Prevention of Cruelty to Animals Act and sec. 119 of the Gujarat Police Act. The petitioner had preferred an application u/s. 451 of Cr.P.C . before the concerned Magisterial Court; however, the same was rejected vide order dtd. 16/2/2022. Thereafter, the petitioner had preferred revision application u/s. 397 of Cr.P.C . before the concerned Sessions Court. The said application was allowed on certain terms and conditions by way of the impugned order. One of the conditions imposed vide condition No.2(i) was that the petitioner shall have to furnish bank guarantee equivalent to the value of the vehicle.

(3.) It is submitted on behalf of the petitioner that the petitioner belongs to a very poor family and is earning livelihood for himself and his family by doing miscellaneous transport business with the use of the vehicle in question. It is very difficult for him to furnish bank guarantee and therefore, requested to modify the said condition.