Mohd. Tarik vs State of M.P.

Shantanu Kemkar, J.—Heard finally with the consent of parties.

The petitioner is aggrieved by the order dated 15-7-2003, passed by Special Judge, NDPS, Jabalpur by which while allowing the application of the applicant filed u/s 457 of the Criminal Procedure Code, 1973, a condition has been imposed that the Motor Cycle shall be released on ''Supurdnama'' on applicants furnishing a bank guarantee of Rs. 50,000/~ (Rupees Fifty thousand). The learned Counsel for the applicant has submitted that this condition of furnishing of bank guarantee of Rs. 50,000/- is onerous, and also submitted that the applicant has purchased the motor cycle after taking loan and he is not in a position to furnish the bank guarantee as ordered by the Trial Court.

On the other hand, the learned Counsel for the State has supported the impugned order.

The prosecution case is that on 7-7-2003, Bhura alias Saffique was going on Bajaj Pulsar motor cycle No. MP-20-KJ 3765, and he was found carrying 6.5 Gms of smack.

On due consideration of the submissions made by the parties, I am of the view that the order of release of the motor cycle on condition of furnishing bank guarantee to the tune of Rs. 50,000/- in the facts and circumstances of the case, appears to be ''onerous'' and therefore, this peremptory condition is set-aside and instead of the same, it is ordered that the motor cycle bearing registration No. MP-20-KJ 3765 be released on ''Supurdnama'' on applicants furnishing a personal bond in the sum of Rs. 25,000/- (Rupees Twenty five thousand only) with two sureties in the like amount to the satisfaction of the Trial Court. The other conditions enumerated in the impugned order shall remain the same.

Thus, the revision is allowed and the impugned order is modified to the extent as mentioned above.