MOHIN GENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal writ petition has been filed by the petitioners with the following prayers:-

(2.) Learned counsel for the petitioners submits that the learned trial court while releasing the vehicles in question directed the petitioners to submit Supardginama of Rs. 13,00,000/- and a solvent surety for the same amount each, which is unreasonable. The learned trial court also imposed an onerous condition to the effect that the petitioners shall submit receipts after depositing the amount of maintenance of the seized animals in the Jain Gaushala, Chenpura where the animals were kept, within a period of three days. The learned revisional court also erred in modifying the order of the trial court to the effect that the petitioners/registered owner, the physical controller of the vehicle through the Power of Attorney on the said date and the driver of the vehicle/accused will also be liable for the cost of treatment and maintenance of the seized livestock during the pendency of the case. It is contended that the vehicles in question are lying at the police station under open sky exposing to air, heat, dust etc. and may loss its value. The seized vehicles are the only source of livelihood of the petitioners. The petitioners could not ply the vehicles in question during the COVID-19 pandemic and they are unable to deposit such a huge amount of Supardginama as well as surety. He prays that the condition of depositing receipt may be quashed and the amount of Supardginama as well as surety may be reduced.

(3.) Learned counsel for the petitioners has placed reliance upon the order passed by the Coordinate Bench of this Court in S.B.Criminal Misc. Petition No.2355/2017 (Sita Devi Vs. State of Rajasthan) on 26.07.2017.