RAMRATAN AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners have filed the petition under S.482 Crimial P.C. against the order dated 16.8.2005 passed by Additional Sessions Judge, Dholpur.

(2.) It is contended on behalf of the petitioners that they are the owners of the tractor bearing registration No.RJ HR 3955 with trolley, which was seized on the accusation that sand (bajri) was being transported by the tractor-trolley from the forest area and a case under Ss.41,42 of the Rajasthan Forest Act, 1953 and under Ss.29,39 and 50 of the Wild Life (Protection) Act, 1972 was registered. Thereafter the petitioners submitted and application under S.457 Crimial P.C. before the concerned Magistrate with the prayer that their vehicle may be released on 'supurdginama', which was allowed subject to furnishing 'supurdginama' and 'jamanatnama' of Rs. 3,50,000.00each, and bank guarantee of Rs. 50,000/ - along with other conditions. Feeling aggrieved by the condition of furnishing bank guarantee, the petitioner preferred the revision, which was partly allowed and the amount of Rs. 50,000.00 was reduced to Rs. 35,000.00, against which this petition is filed on the ground that there is no statutory requirement to furnish any bank guarantee.

(3.) Learned Public Prosecutor does not dispute the contention of the counsel for petitioners that there is no statutory requirement about filing of any bank guarantee, as directed by the lower court.