SHANKER LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This miscellaneous petition is directed against the order dated Sept. 10, 1992, passed by the Sessions Judge, Rajsamand, by which the learned Sessions Judge ordered for the delivery of the bus to the petitioner on Supurdginama on his furnishing a hank guarantee amounting to Rs. 50,000.00. It is only the condition relating to furnishing of the bank guarantee that has been challenged by the petitioner by this miscellaneous petition.

(2.) Accused Madhalal is facing trial for the offences under Sections 279 and 304-A of the Indian Penal Code. The case of the prosecution is that on May 4, 1992, the complainant Kalu, at about 5.30 p.m., was going to his house from Sardargarh after grazing his sheep when the bus No. RJ-10-P-0085, which was driven rashly and negligently by accused Madha Lal, dashed against the herd of sheep, due to which seven sheeps died on account of this accident and certain passengers, also received injuries. A report of this accident was lodged by Kalu at Police Station, Amet, and the accused Madhalal was arrested and the bus in question was seized. After the seizure of the bus, the owner of the bus Shanker Lal moved an application under Sec. 451/457 Code Criminal Procedure for the delivery of the bus to him. This application, filed by the petitioner, was dismissed by the learned Munsif and Judicial Magistrate, First Class, Amet, by his order dated June 20, 1992. Dissatisfied with the order dated June 20, 1992, dismissing the application filed by the petitioner. the petitioner preferred a revision petition before the learned Sessions Judge, Rajsamand, who, by his order dated Sept. 10, 1992, allowed the revision petition filed by the petitioner and directed the trial Court to give the bus on Supurdginama to the petitioner on his furnishing a bank guarantee of Rs. 50,000.00. It is against this order that the present miscellaneous petition under Sec. 482 Code Criminal Procedure has been filed.

(3.) Keeping of the bus at the Police Station on or in the Court premises will not serve any purpose as it will be exposed to the Sun and air and due to which the tyres, body and other parts of the bus will he damaged The condition of furnishing the bank guarantee amounting to Rs. 50,000.00 appears to be somewhat onerous and it will amount to depriving the petitioner from taking the delivery of the bus on Supurdginama. The condition of furnishing the bank guarantee, therefore, deserves to be set-aside.