Telangana High Court
CRLRC/2604/2012 of Varikuppala Venkatesh, Vs The State of A.P., on 28 December 2012
B.SESHASAYANA REDDY Criminal Revision Case No.2604 of 2012 JUDGMENT:- This revision is directed against the order dated 4-12-2012 passed in Crl.M.P.No.3222 of 2012 in Crime No.232 of 2012 on the file of III Addl. Judicial Magistrate of First Class, Kothagudem, whereby and whereunder, the
HON'BLE SRI JUSTICE B.SESHASAYANA REDDYCriminal Revision Case No.2604 of 2012
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JUDGMENT:-
This revision is directed against the order dated 4-12-2012passed in Crl.M.P.No.3222 of 2012 in Crime No.232 of 2012 on the fileof III Addl. Judicial Magistrate of First Class, Kothagudem, wherebyand whereunder, the learned Magistrate ordered for release of thevehicle bearing No. AP-20-Y-4515/AP-20-Y-4516 subject to thepetitioner furnishing bank guarantee of Rs.2,00,000/- issued by theNationalised Bank.
Heard learned counsel appearing for the petitioner and learnedAddl. Public Prosecutor appearing for the respondent-State.
It is contended by the learned counsel appearing for thepetitioner that the condition of furnishing bank guarantee ofRs.2,00,000/- is onerous and the same is required to be modified byfurnishing personal bond of Rs.2,00,000/- with one surety.
Learned Additional Public Prosecutor supported the orderimpugned in the revision.
Petitioner is a registered owner of Tractor-Trailer bearingNo.AP-20-Y-4515/AP-20-Y-4516. The tractor came to be seized onthe ground that it carried sand illegally. The petitioner is stated to bean agriculturist eking out his livelihood by hiring the tractor. Havingconsidered the facts and circumstances, I am of the view that thecondition imposed on the petitioner to furnish a bank guarantee ofRs.2,00,000/- for release of the vehicle appears to be onerous. In thatview of the matter, I am inclined to modify the condition imposed on thepetitioner by the trial court for release of the vehicle and the modifiedconditions are:-
(1) The petitioner shall execute a personal bondfor Rs.1,00,000/- with two sureties for a like sumeach to the satisfaction of III Addl. JudicialMagistrate of First Class, Kothagudem;for Rs.1,00,000/- with two sureties for a like sumeach to the satisfaction of III Addl. JudicialMagistrate of First Class, Kothagudem;
(2) The petitioner shall not alienate or encumber the tractor-cum-Trailer bearing No.AP-20-Y-4515/AP-20-Y-4516;
(3) The petitioner shall produce the Tractor-Traileras and when required by the court.
Accordingly, the Criminal Revision Case is disposed of.As sequel to it, Misc. Petitions, pending if any, shall standdismissed.
28[th] December, 2012gkv
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B.Seshasayana Reddy, J