MEHMOOD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition by the petitioner under Section 482 Cr. P. C. is directed against the order dated 3. 5. 2003 whereby learned Additional Sessions Judge No. 2, Kishangarh Bas, district Alwar affirmed the order dated 21. 4. 2003 by which learned Judicial Magistrate, Tijara dismissed the application for custody of tractor-trolley.

(2.) THE relevant facts in brief are that one F. I. R. was registered at police station Tapukara with the averments that at about 7 p. m. on 4. 1. 2003 one Shri Ilias was found carrying stones by this tractor-trolley from the forest area and on preventing him by the forester, he along with others took away the tractor- trolley by using force.

(3.) THUS, keeping in view the submission made y learned counsel for the petitioner, it appears an appropriate case wherein the tractor along with trolley may be given on Superdaginama on furnishing a bank guarantee along with other usual terms and conditions i. e. the petitioner shall not alienate of further encumber the vehicle and change the identify of the vehicle till disposal of the case and he shall produce the vehicle as and when required by the trial court. since the price of the tractor and trolley is not on record, the amount of the bank guarantee would be determined by Judicial Magistrate, Tijara.