GANESH PALIWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Invoking inherent powers of this Court, under Sec. 482 of the Code of Criminal Procedure (hereinafter referred to as the 'Code'), the petitioner has challenged the order dtd. 2/2/2022 passed by Additional Chief Judicial Magistrate, Pokran, District Jodhpur (hereinafter referred to as the 'trial Court') whereby his application under Sec. 457 of the Code for release of his vehicle i.e. Hyundai Venue Car bearing registration No.RJ-19-CK9084 (hereinafter referred to as 'the Car') has been allowed subject to furnishing a bank guarantee of Rs.50,000.00.

(2.) Learned counsel for the petitioner submitted that the vehicle in question came to be seized in furtherance of FIR No.56/2021 dtd. 10/9/2021, which was registered pursuant to a complaint lodged against the petitioner levelling allegations of offence punishable under Ss. 420, 406 & 120-B of the Indian Penal Code.

(3.) Learned counsel argued that the vehicle in question was not involved in the commission of any offence, hence, the provisions of Sec. 102 of the Code do not apply. Moreso, since the property in question is not required for the purpose of investigation of the offence(s) alleged against the petitioner, the impugned condition of furnishing bank guarantee of Rs.50,000.00 is not only onerous but also contrary to law and facts involved in the present case.