Gyan Sudha Misra, J. - (1.) This application has been filed for releasing the Truck belonging to the petitioner bearing No. HR-47/0885 which had been ordered to be released by the Additional Chief Judicial Magistrate No. 1 Behror District Alwar, provided a Bank Guarantee of rupees four lacs were to be furnished by the petitioner.
(2.) The petitioner's grievances is that the imposition of this condition of furnishing Bank Guarantee is an impossible condition as the petitioner cannot furnish the same he being an ordinary trader who is trading in supply of woods for cremation at a cremation in Delhi and for this purpose he was carrying the wood on the truck. The facts of the case in detail is not necessary to be gone into in this petition as the Magistrate has already passed an order in his favour that the truck is fit to be released provided a Bank guarantee is furnished. Hence, the only limited question is whether this condition is fit to be imposed on the petitioner for releasing his vehicle. The counsel for the petitioner relied upon the case in S.B. Cr.Misc. Petition No. 1268/2001 (Parsadi Lal v. State of Raj.) wherein a learned Single Judge of this Court was pleased to modify the order of the Judicial Magistrate Behror, Alwar to the extent of furnishing solvent security of amount instead of bank guarantee in regard to vehicle and goods with further condition that the petitioner will not dispose of or transfer the vehicle in question. Exactly, identical point is involved in this petition too and i see no reason to take a different view of the situation.
(3.) Hence, it is ordered that the vehicle in question shall be released to the petitioner provided he furnishes a solvent security of Rs.4 lacs instead of Bank guarantee in regard to vehicle No. HR-47/0885. In addition, the petitioner is directed not to dispose of or transfer the vehicle No. HR-47/0885 in question unless the trial is finally concluded. The petition accordingly, stands disposed of. Petition allowed.;