Case Note & Summary
The petitioner, Shri Dnyanoba Madhav Kadam, filed a Criminal Writ Petition before the Bombay High Court challenging the orders of the JMFC, Malshiras dated 17.02.2018 and the Additional Sessions Judge, Malshiras dated 02.01.2019. The petitioner had applied for return of his tractor and trolley under Section 451 of the Code of Criminal Procedure, 1973. The JMFC allowed the application but imposed a condition of furnishing a bank guaranty of Rs. 7 Lakh. The petitioner's revision against this condition was dismissed by the Sessions Court. The petitioner then approached the High Court, arguing that he was ready to furnish a personal bond but could not afford a bank guaranty. The High Court, relying on the Supreme Court judgments in Sunderbhai Ambalal Desai v. State of Gujarat (AIR 2003 SC 638) and State of Kerala v. A.A. Ali (2018), held that insisting on a bank guaranty for release of a vehicle is onerous and not necessary. The court noted that keeping the vehicle idle is of no use and that the petitioner's readiness to furnish a personal bond should be accepted. Accordingly, the High Court allowed the petition, set aside the condition of bank guaranty, and directed the release of the tractor on the petitioner furnishing a personal bond of Rs. 7 Lakh.
Headnote
A) Criminal Procedure - Release of Property - Section 451 CrPC - Condition of Bank Guaranty - The court held that imposing an onerous condition of bank guaranty for release of a vehicle is not necessary; personal bond can be accepted instead, following the principles laid down in Sunderbhai Ambalal Desai v. State of Gujarat and State of Kerala v. A.A. Ali. (Paras 6-8)
Issue of Consideration
Whether the condition of furnishing bank guaranty of Rs. 7 Lakh for release of a tractor under Section 451 CrPC is onerous and can be substituted by a personal bond.
Final Decision
Petition allowed. Impugned orders set aside to the extent of condition of bank guaranty. Petitioner to furnish personal bond of Rs. 7 Lakh for release of tractor.
Law Points
- Section 451 CrPC
- Release of vehicle on personal bond
- Bank guaranty not mandatory
- Sunderbhai Ambalal Desai v. State of Gujarat
- State of Kerala v. A.A. Ali
Case Details
2019 LawText (BOM) (07) 119
Criminal Writ Petition No. 1900 of 2019
Mr. Bhalchandra Shinde for petitioner, Mr. N.B. Patil APP for respondent
Shri. Dnyanoba Madhav Kadam
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Nature of Litigation
Criminal writ petition challenging condition of bank guaranty for release of vehicle
Remedy Sought
Petitioner sought release of tractor and trolley on personal bond instead of bank guaranty
Filing Reason
Petitioner challenged the condition of furnishing bank guaranty of Rs. 7 Lakh imposed by JMFC for release of his tractor
Previous Decisions
JMFC, Malshiras allowed release of vehicle but imposed bank guaranty condition; Additional Sessions Judge, Malshiras dismissed revision against that order
Issues
Whether the condition of bank guaranty for release of vehicle under Section 451 CrPC is onerous and can be substituted by personal bond
Submissions/Arguments
Petitioner argued he is ready to furnish personal bond but cannot afford bank guaranty; relied on State of Kerala v. A.A. Ali
Respondent/State argued that JMFC rightly imposed bank guaranty condition
Ratio Decidendi
Imposing an onerous condition of bank guaranty for release of a vehicle under Section 451 CrPC is not necessary; personal bond can be accepted instead, following the principles in Sunderbhai Ambalal Desai and State of Kerala v. A.A. Ali.
Judgment Excerpts
It appears that an onerous condition of furnishing bank guaranty of Rs. 7 Lakh is imposed for releasing of the Tractor.
The Hon'ble Supreme Court in the case of State of Kerala (supra) has also upheld the order passed by the High court holding that, the bank guaranty for alleged loss need not be insisted for releasing vehicle involved in the process.
Procedural History
Petitioner filed application for return of tractor on 19.01.2018 before JMFC, Malshiras. JMFC allowed application on 17.02.2018 with condition of bank guaranty of Rs. 7 Lakh. Petitioner filed Criminal Revision No. 46 of 2018 before Additional Sessions Judge, Malshiras, which was dismissed on 02.01.2019. Petitioner then filed Criminal Writ Petition No. 1900 of 2019 before Bombay High Court.
Acts & Sections
- Code of Criminal Procedure, 1973: 451
