SANTOKH SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Issue notice for final disposal. Mr. Ashok Upadhayay, public prosecutor accepts the notice on behalf of respondent State, With the consent of Learned Counsel for the parties, the criminal misc. petition itself 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 29.09.2007 passed by Additional Sessions Judge, Raisinghnagar, district Sri Ganganagar (for short 'the revisional court' hereinafter) in Criminal Revision No. 72/07 whereby the revision petition filed by the petitioner against the order dated 19.09.2007 passed by Judicial Magistrate (First Class), Raisinghnagar, district Sriganganagar (for short 'the trial court') allowing the application filed by the petitioner under Sec. 457 Crimial P.C. and releasing the tractor with trolley bearing No. RJ 13-2-R-863 in favour of the petitioner provided the petitioner furnishes a Supardginama of Rs. 1.00,000.00 and a bank guarantee for the like amount on certain conditions incorporated in the order, was dismissed. Aggrieved by the impugned order directing the petitioner to furnish the bank guarantee, the petitioner has filed the instant petition. I have heard Learned Counsel for the parties.

(3.) It is contended by the Learned Counsel for the petitioner that the petitioner is the registered owner of the tractor in question which alleged to have been found carrying wood in contravention of the provisions of the Forest Act and the petitioner is not an accused in the case. Learned Counsel further submits that the petitioner is not in a position to furnish such a huge bank guarantee and the said tractor-trolley is the only source of the livelihood of the petitioner and, therefore, in the facts and circumstances of the case, the condition imposed by the trial court to furnish bank guarantee, of Rs. 1.00,000.00 is onerous and the vehicle in question may be released in favour of the petitioner on Supurdginama.