ARIF KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of instant petition under Sec. 482 of Code of Criminal Procedure, petitioner has challenged the order dated 9.2.2004 passed by the Additional Sessions Judge, Nimbaheda whereby he has refused to interfere with the order of Judicial Magistrate, First Class, Badi Sadri dated 20.12.2003 rejecting the petitioner's application under Sec. 451 of Code of Criminal Procedure for release of subject vehicle seized in connection with offence under Sec. 41 and 42 of Forest Act.

(2.) Considering the facts and circumstances of the case and following is the decision of the Apex Court in State of Karnataka Vs. K. Krishnan, reported in 2000 Cr LR (SC) 657 , it is considered appropriate to release the subject vehicle on superdgi to the petitioner.

(3.) Consequently, the misc. petition is allowed. Order of both the courts below referred to above are set aside. It is directed that Tata Sumo No. is RJ-09-C-3025 shall be delivered on superdgi to the petitioner provided he furnishes a personal bond in the sum of Rs. 2,00,000.00 lacs with a solvent surety of Rs. 2,00,000.00, to the satisfaction of the trial court, further on the condition that he will produce the said vehicle as and when ordered by the trial court and any other court and will not transfer or alienate the said vehicle and will also not change the condition of the vehicle till final disposal of the case. Petition Allowed.