GOVIND SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of present petition under Sec. 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code'), the petitioner has impugned the order dtd. 4/7/2022 passed by the Additional Sessions Judge No. 2, Jodhpur Metropolitan (hereinafter referred to as 'the Appellate Court'), whereby the order dtd. 13/6/2022 passed by the Additional Chief Judicial Metropolitan Magistrate (CBI Cases), Jodhpur Metropolitan (hereinafter referred to as 'the trial Court') has been affirmed by observing that there is no error in the order and that the trial Court could remit the fine by exercising its discretion.

(2.) Mr. Sharma, learned counsel for the petitioner apprised the Court about the antecedents facts and submitted that the petitioner's vehicle was released by order dtd. 3/7/2014 pursuant to his application under Sec. 457 of the Code. Before the decision of releasing the vehicle to the petitioner (owner of the vehicle) was taken, the Investigating Officer had sent his report that the vehicle was not required for any further investigation or trial of the case. It is to be noted that the vehicle was ordered to be released on condition of furnishing a supurdginama of Rs.9,00,000.00.

(3.) It is the case of the present petitioner that on account of requirement of funds and change in the circumstances, he had to transfer the ownership of the vehicle to one Rajesh Singh Shekhawat on 17/3/2016.