PRAHLAD RAI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Issue notice for final disposal, Mr. Narendra Moolchandani, learned Public Prosecutor accepts notice for the State. With the consent of learned counsel for the parties, the petition is being finally heard and decided at the admission stage.

(2.) By the instant petition under Section 482 Cr.P.C., the petitioner has challenged the order dated 27.10.2007 passed by learned Sessions Judge, Hanumangarh (for short, the trial Court' hereinafter) whereby while releasing the vehicle Tata 407 bearing No. RJ31/G-1126 on "Supurdaginama", a condition has been imposed to deposit a sum of Rs. 5000/- per month as hire charges of the vehicle being condition No. 3. The petitioner is aggrieved by the order impugned to the extent of condition No. 3 directing the petitioner to deposit a sum of Rs. 5000/- per month as hire charges of the vehicle.

(3.) Having regard to the facts and circumstances of the case, in my view, such a condition is onerous. It has not been disputed that the petitioner is owner of the vehicle as the registration stands in his favour. In the circumstances, therefore, the petition deserves to be allowed.