SUKHDEV SINGH & ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned Advocate for the petitioners and the learned Public Prosecutor.

(2.) This is an application under Sec. 482 Cr. P. C. praying that the condition imposed by the learned Magistrate that the truck in dispute be given in supurdgi of a person from three places mentioning in the order who furnishes a surety in the amount of Rs. 1,00,000.00 is not in the interest of justice and under the facts and in the circumstances of this case amounts to the abuse of the process of the court.

(3.) In a case under Sec. 279, 337 and 338 I.P.C. a Truck No. RJI 1834 was seized by the police during the investigation of the case. The petitioners are the registered owners of the said truck. They moved an application that the truck be given in their supurdagi during the trial and the learned Magistrate ordered that the truck be given in supurdgi of the owners i. e. the petitioners provided they furnish a surety in the amount of Rs. 1,00,000.00 of persons belonging to Sikar, Nawalgarh or Jhunjhunu area. The petitioners preferred are vision before the learned Sessions Judge. Jhunjhunu, who dismissed the same observing that it was not maintainable being a revision against an inter-locutory is order, but further observed that the petitioners should move again before the learned Magistrate who will pass an order in accordance with law. Thereafter the petitioners moved before the learned Magistrate who refused to modify his order dated 17-9-1979.