YUNUS JUMABHAI BHIKHLANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Shri M.R.Mengde, learned APP waives service of rule on behalf of the respondent State. With the consent of the learned advocates appearing on behalf of the respective parties, this matter is taken up for final hearing today.

(2.) By way of this petition under Articles 226 and 227 of the Constitution of India r.w. Section 482 of the Criminal Procedure Code, the petitioner original applicant has prayed for an appropriate writ, direction and/or order quashing and setting aside the conditions imposed by the learned Additional Sessions Judge, Fast Track Court No.3, Jamkhambhaliya passed in Criminal Revision Application No.9 of 2007.

(3.) It is the case on behalf of the petitioner that he has purchased one Indica Car bearing registration No. GJ.10.W.9370 on 11.11.2006 from Khengarsinh Tapubhai Wadher initially by oral agreement and he purchased the same for a sale consideration of Rs.3,57,545/- and he has also paid Rs.50,000/- cash and it was agreed that the petitioner will pay remaining amount by way of installment through the ICICI Bank from whom the finance is taken for purchase of the said Car. It is the case on behalf of the petitioner that he also paid Rs.10,605/- on 10.12.2006 to the said Shri Khengarsinh Wadher. In the meantime, the aforesaid Car was seized by the police in connection with FIR being Prohibition CR No.376 of 2006 registered with Okha Police Station on 11.12.2006 and therefore, the petitioner filed Mudamal Application No.91 of 2006 under section 451 of the Criminal Procedure Code before the learned JMFC, Dwarka for custody of the said vehicle during the pendency of the trial. The learned JMFC, Dwarka by order dated 5.1.2007 rejected the said application. Being aggrieved and dissatisfied with the order passed by the learned JMFC, Dwarka dated 5.1.2007, the petitioner preferred Criminal Revision Application No.9 of 2007 before the learned Sessions Court, Jamkhambhaliya and learned Additional Sessions Judge, Fast Track Court No.3, Jamkhambhaliya by order dated 7.3.2007 allowed the said revision application directing the Investigating Officer to hand over the custody of the said Indica Car on the condition that the petitioner is required to furnish bank guarantee of Rs. 3,00,000/- of any Nationalized Bank having its branch in Jamnagar district and cash guarantee along with security of the same amount with condition to produce whenever and wherever required by the learned trial Court and not to transfer the vehicle to any third party. Being aggrieved and dissatisfied with the aforesaid conditions imposed in the aforesaid judgment and order dated 7.3.2007 passed in Criminal Revision Application No.9 of 2007, the petitioner original applicant has preferred present petition.