1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B.CRIMINAL MISC. PETITION NO. 492/2008 (Salag Ram & Ors. Vs. The State of Rajasthan) Date of Order : 29/04/2008 PRESENT HON'BLE MR. JUSTICE H.R.PANWAR Mr. R.K.Charan for the petitioners. Mr. S.K.Vyas, public prosecutor for the State. BY THE COURT:- This criminal misc. petition under Section 482 Cr.P.C. is directed against the order dated 09.04.2008 passed by learned Additional Sessions Judge, (Fast Track) No.1, Bhilwara (for short 'the revisional court' hereinafter) whereby the revision petition filed by the petitioners against the order dated 01.04.2008 passed by Additional Chief Judicial Magistrate, Mandalgarh, (for short 'the trial court' hereinafter), was allowed. I have heard learned counsel for the petitioners and public prosecutor for the State. Carefully gone through the orders passed by both the courts below. 2 It is contended by learned counsel for the petitioners that the Tractor bearing Registration No. RJ-06-R-9981 and the trolley attached thereto, owned by the petitioners, was seized by the police while it was transporting wood. A crime report was registered for the offence under Section 41-42 of the Forest Act. The petitioners filed an application under Section 457 Cr.P.C. before the trial court seeking interim custody of the said vehicle. The trial court dismissed the application vide order dated 01.04.2008. The petitioners challenged the order of the trial court before the revisional court. The revisional court allowed the revision petition filed by the petitioners and directed to release the tractor and the trolley attached thereto on Supardaginama in favour of the petitioners provided the petitioners furnish a bank guarantee in the sum of Rs. 75,000/-. The petitioners being aggrieved by the order to the extent directing the petitioners to furnish bank guarantee have filed the instant criminal misc. petition. It is contended by learned counsel for the petitioners that the petitioners are owner of the tractor in question and the tractor in question is the source of livelihood of the petitioners. The petitioners, being the poor persons, are not in a position to furnish such a huge bank guarantee. The bank guarantee would mean that the petitioners are required to deposit the amount of 3 Rs. 75,000/- for obtaining the bank guarantee and therefore, the condition of furnishing bank guarantee may be modified to that of furnishing solvent security. Having regard to the facts and circumstances of the case, in my view, the order impugned deserves to be modified to the extent that instead of furnishing bank guarantee of Rs. 75,000/-, the petitioners shall furnish a personal bond and solvent security for the said amount. Accordingly, the order dated 09.04.2008 passed by the revisional court is modified to the extent that instead of furnishing bank guarantee of Rs. 75,000/-, the petitioners shall furnish a personal bond and solvent security in the sum of Rs.3 lac each to the satisfaction of the trial court and the trial court shall release the tractor in question and trolley attached thereto in favour of the petitioners incorporating the terms and conditions imposed by the revisional court. With this modification, the petition stands disposed of. (H.R.PANWAR),J. rp