DEVI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Issue notice for final disposal. Learned public prosecutor accepts the notice for the State. With the consent of learned counsel for the parties, the criminal misc. petition itself is finally heard and decided at this stage.

(2.) By the instant petition under section 482 Crimial P.C. the petitioner has challenged order dated 21.09.2007 passed by Additional Chief Judicial Magistrate, Raisinghnagar (for short 'the trial court' hereinafter) whereby the trial court while allowing the application filed by the petitioner seeking interim custody of the tractor No. RJ 13-2 R-2608 and the trolley attached thereto, ordered to release the tractor and the trolley in question in favour of the petitioner provided the petitioner furnishes a Supardginama of Rs. 30,000.00 and a bank guarantee for the like amount on certain conditions incorporated in the order. Aggrieved by the order impugned directing the petitioner to furnish the bank guarantee, the petitioner has filed the instant petition.

(3.) I have heard learned counsel for the parties. Perused the order impugned as also the FIR.