- (1.) AGGRIEVED by the order dated 07.10.2010, passed by the learned Judicial Magistrate, Sarwad, District Ajmer, whereby the learned Magistrate, while giving the custody of the vehicle, has imposed a condition that Mr. Robin Cherian, the receiver appointed on behalf of the HDFC Bank, is required to give a surety and bail bonds of Rs.25,00,000/-, the petitioner has approached this Court.
(2.) MR. Punkaj Gupta, the learned counsel for the petitioner, has contended that MR. Robin Cherian is merely an employee and a receiver of the HDFC Bank . However, as an employee and as a receiver, he is not in a position to fulfill the condition imposed by the court. Therefore, he prays that in place of Robin Cherian, the Bank should be directed to give an undertaking for the same amount. He further points out that in the case of Kotak Mahindra Prime Ltd. Vs. State of Rajasthan, S.B. Cr. Misc. Petition No.178/2011, decided on 28.01.2011, in a similar issue, this Court had directed the Bank to give its undertaking and had modified the order in that case. Mr. Laxman Meena, the learned Public Prosecutor, in all fairness, has not opposed the prayer made by the learned counsel for the petitioner. Considering the fact that Mr. Robin Cherian happens to be merely an employee and a receiver of the Bank, he would not be in a position to give the bail bonds and the surety as directed by the court. Considering the fact that in a similar petition, this Court has already permitted the Bank to give an undertaking, and keeping in mind the judicial discipline required, this Court modifies the order dated 07.10.2010 and directs the petitioner to give an undertaking for the same amount. With these observations, this petition is, hereby, allowed.;