S.P. Pathak, J. - (1.) THIS petition under Section 482 Cr.P.C. is directed against the order dated 18.6.2010 passed by the learned Additional Chief Judicial magistrate, Aklera in FIR No. 228/2010 registered at police station Aklera for the offence under Sections 22, 33, 41 and 77 of the Rajasthan Forest Act whereby the court has imposed the condition of furnishing bank guarantee of Rs. 4,50,000/ - for the release of the motor vehicle in question and that of the order dated 22.6.2010 passed by the revisional court dismissing the revision petition preferred by the petitioner.
(2.) BRIEF facts for the disposal of the present petition are that in the tractor No. RJ -17 -RA - 3409, stones were being taken and the tractor was seized by the police in FIR No. 228/2010 police station Aklera. An application under Section 457 Cr.P.C. was moved before the learned trial court for release of the tractor on supardginama. The learned trial court vide its order dated 18.6.2010 ordered to release the vehicle imposing a condition to furnish bank guarantee of Rs. 4,50,000/ - and supardginama in the like amount. The petitioner having felt aggrieved preferred revision petition before the learned revisional court but without any success as the revision petition was dismissed by the learned Additional Sessions Judge, Aklera on 22.6.2010. Hence, the present petition has been filed. It has been the contention of the learned Counsel that the condition imposed by the learned trial court regarding furnishing of bank guarantee is too harsh and in such type of matters, this Court has modified the orders in relation to the imposition of condition of furnishing bank guarantee. Learned Counsel has placed reliance on the decisions in S.B. Criminal Misc. Petition No. 109/2006 decided on 25.1.2006, S.B. Criminal Misc. Petition No. 923/2005 Pooran Singh and Anr. v. State decided on 24.8.2005, S.B. Criminal Misc. Petition No. 1291/2005 Ramratan and Anr. v. State decided on 24.10.2005, S.B. Criminal Misc. Petition No. 1399/2005 Shripal v. State decided on 18.11.2005 and S.B. Criminal Misc. Petition No. 1413/2005 Bharosi v. State decided on 22.11.2005. It is also contended that if the vehicle in question is kept in the police station, there is every likelihood that it would be damaged and after lapse of some time it will be of no use, therefore, the vehicle requires to be given on supardgi to him on the conditions determined by the court.
(3.) I have carefully considered the submissions and perused the impugned orders passed by the learned courts below.;