KISHAN LAL Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition is directed against the order dated 19-3-94. passed by the Civil Judge cum Additional Chief Judicial Magistrate, Nathdwara, by which the learned Additional Chief Judicial Magistrate imposed a condition in the surety-bond regarding furnishing a bank guarantee.

(2.) One truck No. RJ-30-C-0024 was seized by the police in connection with an F I R. No. 21 of 1884 of Police Station, Nathdwara Petitioner Kishan Lal applied for delivery of the truck on Supurdginama during the pendency of the trial. The application, filed by the applicant-petitioner Kishan Lal was allowed and the learned trial Court ordered for the delivery of the truck on Supurdginama on certain conditions including the condition of furnishing a bank guarantee in the sum of Rs. 1,50 000.00.

(3.) Learned counsel for the petitioner has not challenged any other condition imposed by the learned Additional Chief Judicial Magistrate while ordering for the delivery of the truck on Supurdginama to the petitioner and the only challenge has been made to the condition of furnishing a bank guarantee in the amount of Rs. 1,50,000.00 on the ground that it is highly onerous which will make the delivery of the truck to the petitioner to some extent impossible. He, therefore, prayed that this onerous condition of furnishing a bank guarantee may be modified and the truck may be ordered to be delivered to the petitioner on his furnishing the surety bond. The learned Public Prosecutor, on the other hand, has supported the order passed by the Court below.