(1.) WITH the consent of both the parties, the matter is finally heard. This petition under section 482 of CrPC has been preferred by the petitioner for modifying the order dated 14.11.05, passed by the learned Judicial Magistrate First Class, Ambah, district Morena in Criminal Case No. 1455/05, whereby the application of the petitioner for taking the seized property (Golden bricks) on her supurdginama was allowed subject to the condition of furnishing surety of Rs. 12,50,000/- of a person of district Morena who is doing business of Gold or of any other person, who owns immovable property in district Morena.
(2.) AS per the prosecution case, the petitioner is owner of M/s. Meera Jewellers, situated at Chandni Chowk, Delhi, the accused Manoj Sharma is a servant of her firm. On 4.1.2005, the accused Manoj Sharma was given two bricks of gold (each brick of one kg.) by the petitioner to be delivered to the firm known as "Katra Nawab". But on 5.1.2005 the accused informed the petitioner that the said bricks could not be delivered as due to illness of his father, he had gone to his village Kukthari. It is stated that on the day of occurrence on 21.1.2005, the husband of the petitioner was coming from village Kukthari to Morena and to go to Delhi and the accused was also accompanying him. But on way of Ambah-Porsa Chowraha the husband of the petitioner got down from the bus for urinal and at that time, the accused, finding an opportunity took the bag in which golden bricks were kept and fled away. Thereafter, the husband of the petitioner Lodged a report at Police Station Ambah upon which Crime No. 27/05 was registered against the accused for committing an offence punishable under section 380 of IPC. During the investigation, the accused was arrested and the alleged golden bricks were also seized from his custody. After investigation, challan has been filed in the Court of Judicial Magistrate First Class, Ambah, who registered a case bearing Criminal Case No. 1455/05.
(3.) THE contention of the learned counsel for the petitioner is that the petitioner is a resident of and is doing business in Delhi and she is not a resident of Morena district and she does no; know any person of Morena and therefore, it is not possible for her to arrange for surety of a person of Morena district. It is submitted that due to non-fulfillment of the condition of local surety of Morena district, the petitioner could not receive the golden brickes on her supurdginama. It is, therefore, prayed that said condition be modified and instead of this condition, the petitioner may be directed to furnish solvent surety of Delhi. Learned P.P. for the respondent/ State also agreed that the petitioner is a resident of Delhi and therefore, she is not in a position to furnish local surety of Morena district.