Mohammad Rafiq, J. - (1.) This petition under Section 482 Cr.P.C. has been filed by petitioner assailing order dated dated 29.07.2010 of Additional Chief Judicial Magistrate, Aklera, District Jhalawar, in Criminal Case No.377/2010, whereby while allowing application of petitioner under Section 457 Cr.P.C. imposed a condition of submitting bank guarantee of INR 5,00,000/- while taking Tractor Trolley on Supurdginama by petitioner and order dated 03.08.2010 of learned Additional Sessions Judge, Aklera, District Jhalawar, in Criminal revision No.19/2010 whereby he dismissed revision petition of petitioner and confirmed order of trial court. The petitioner is aggrieved of the condition of submitting bank guarantee of INR 5,00,000/-.
(2.) Contention of learned counsel for petitioner is that petitioner is registered owner of the vehicle Tractor bearing No.RJ-28-R-3995; the said vehicle was seized by police in a criminal case bearing FIR No.276/2010 registered at Police Station Aklera for offence under Sections 26, 23, 41, 42, 146 and 196 of Indian Forest Act, and after investigation submitted the charge-sheet. This is the first offence. Petitioner is a poor agriculturist and is not in a position to make the compliance of the condition imposed by trial court. Petitioner would undertake that vehicle will not be used for the purpose of illegal carrying the forest produces, if it released on Supurdginama. It is contended that the vehicle would be damaged as it is lying upon for considerable period.
(3.) Learned Public Prosecutor opposed the miscellaneous petition.;