1 (1)- S.B.CR. MISC. PETITION NO.830/2008 (Dulhe Singh Vs. State of Rajasthan) (2)- S.B.CR. MISC. PETITION NO.831/2008 (Ram Lal Vs. State of Rajasthan) DATE OF ORDER : 17/7/2008 HON'BLE MR.BHANWAROO KHAN, J. Mr. Chaitanya Gahlot, for the petitioners. Mr. N.Moolchandani, Public Prosecutor. Issue notice for final disposal of the misc. petitions. Mr. N.Moolchandani, Pubic Prosecutor accepts notice on behalf of the State. With the consent of learned counsel for the parties, the criminal petitions are heard and decided at the initial stage. By these misc. petitions under Section 482 Cr.P.C. arising out of the same FIR, the petitioner Dulhe Singh, who is registered owner of the tractor and petitioner Ram Lal, who is registered owner of the trolly have challenged the order of the revisional court dated 11.6.2008, by which the order dated 21.5.2008 passed by the Judicial Magistrate Ist Class, Rajsamand was maintained and the condition of irrevocable bank guarantee of Rs.50,000/- was imposed for 2 releasing the tractor and trolly. Brief facts of the present case are that an application was filed by the petitioners under Sections 451 and 457 Cr.P.C. for releasing the tractor and trolly on Supardginama, the trial court ordered to release the vehicle in question on the condition of furnishing an irrevocable bank guarantee of Rs.50,000/- with other conditions. The petitioners being aggrieved by the condition imposed preferred a revision petition before the Sessions Judge, who inturn dismissed the revision petition. Hence, this petition. Heard learned counsel for the parties. It is contended by the learned counsel for the petitioners that the petitioners are registered owner of the tractor and trolly in question which alleged to have been found carrying wood in contravention of the provisions of the Forest Act and the petitioners are not accused in this case. Learned counsel further submits 3 that they are not in a position to furnish huge bank guarantee and the vehicle in question is the only source of the livelihood. The petitioners, therefore, prayed that in the facts and circumstances of the case the condition imposed by the trial court to furnish the bank guarantee is onerous and the vehicle in question may be released in favour of the petitioner on Supurdginama. This Court in Jeet Singh Vs. State of Rajasthan 2006(2) R.Cr.D. 274 (Raj.) without going into the question as to whether the goods being transported in the vehicle, in fact, is a forest produce or not as defined in the Rajasthan Forest Act, held that the condition of furnishing bank guarantee is onerous and accordingly the condition of bank guarantee has been set aside and vehicle has been ordered to be released on Supurdginama. Having regard to the facts and circumstances of the case, it is yet to be established in the trial as to whether the wood carried in the vehicle transported, are forest produce or not, in such situation, directing the petitioners to give bank 4 guarantee of Rs.50,000/- appears to be a condition onerous and therefore, the ends of justice would be met if the vehicle in question be released in favour of the petitioners on Supurdginama on their furnishing a personal bond in the sum of Rs.50,000/- alongwith one solvent surety in the like amount. In the result, the order impugned dated 11.6.2008 passed by the revisional court is set-aside and the order passed by the trial court dated 21.5.2008 is modified to the extent that instead of giving bank guarantee of Rs.50,000/-, the tractor and trolly each shall be released in favour of the petitioners on Supurdginama on furnishing a personal bond in the sum of Rs.50,000/- along with one solvent security in the like amount to the satisfaction of the trial court with the stipulation therein that during the pendency of the criminal case either of the petitioners would not alienate or transfer the said vehicle in question and keep it in good condition and will produce the vehicle as and when directed by the trial court. 5 With the above modification, the misc. petitions are disposed of. (BHANWAROO KHAN)J. Rm/