GUMAN MAL LODHA, J. - (1.) IN the jurisdiction of the police Station Pahari District Bharatpur, an accident took place with bus No. RSG 2783 of the Rajasthan State Road Transport Corporation. The bus was seized by the police and order of custody was given under Section 451 Cr. PC. However the Munsif and Judicial Magistrate Kama while releasing the bus to the Corporation on Supardginama of 3 lacs further imposed a condition that a separate surety bond should also be filed of the same amount.
(2.) MR . Dhankar is justified in making the grievance that when the ownership of the bus is not in dispute and the production of the bus would be required, if at all, only for the limited purpose of identification that this was the bus which was used in accident, then in case of public under, taking like the Corporation the requirements of separate surety bond would be against all cannons of justice and further impermissible and not feasible. Mr. Mathur, learned Public Prosecutor submitted that instead of bail bond the Corporation should give an undertaking for production of the bus on all dates of hearing whenever necessary, failing to that they will deposit Rs. 3 lacs.
(3.) I have considered the contentions learned Counsel for the parties and I am of the opinion that there is no dispute regarding ownership and the entitlement and custody of the bus. It would because of process of the Court to insist for production of surety of Rs. 3 lacs from the public undertaking like the Rajasthan State Road Transport Corporation.;