NARESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Issue notice for final disposal. Mr. Ashok Upadhyaya, public prosecutor accepts notice. With the consent of parties, this criminal miscellaneous petition under Sec. 482 Crimial P.C. is heard and decided at the admission stage.

(2.) By the instant petition under section 482 Crimial P.C. the petitioner has challenged order dated 5.10.2006 passed by Judicial Magistrate First Class, Gharsana (for short 'the trial court' hereinafter) whereby while allowing the application filed by the petitioner under Sec. 457 Crimial P.C., the trial court ordered to release the Mini Truck bearing No. RJ-07-G 8620 in favour of the petitioner provided the petitioner furnishes a bank guarantee in the sum of Rs.2,50,000.00 as also on certain conditions incorporated in the order. Aggrieved by the impugned order directing the petitioner to furnish the bank guarantee, the petitioner has filed the instant petition.

(3.) I have heard learned counsel for the parties.