GIRRAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has filed the petition challenging the order dated 20.06.2020 passed by the Court of Revision, whereby, direction has been issued to the petitioner to deposit Rs.1,00,000/- towards compounding fee at the time of release of his vehicle on superdari.

(2.) Learned counsel for the petitioner has submitted that the trial is still pending and it is only at the time of the decision of the trial, the trial court is determine as to whether the petitioner is required to deposit any compounding fee. However, before the decision of the trial, petitioner could not be directed to pay Rs.1,00,000/- towards compounding fee. It is yet to be determined by the trial court as to whether petitioner was guilty of the offence alleged to have been committed by the petitioner. In support of his arguments, learned counsel has placed reliance on decision of this court in Asharam Vs. State of Rajasthan in S.B. Criminal Miscellaneous Petition No. 2723/2019 decided on 3.2.2020 along with other connected cases. Learned counsel has submitted that the present petition was liable to be disposed of in terms of the order dated 3.2.2020.

(3.) Keeping in view the facts and circumstances of the case, the petition is liable to be disposed of in terms of the decision given by this court in Asharam case (supra). Consequently, impugned order dated 20.06.2020 is set aside and it is directed as under:-