Bimal Chandra Swain v. The State Of A.P

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4674 OF 2016 ORDER:

This petition is filed by the petitioner-owner of the property under Section 482 Cr.P.C. seeking to quash the order dated 15.12.2015 passed in Crl.M.P.No.511 of 2015 in Crime No.95 of 2015 by the Additional District & Sessions Judge, Vizianagaram. Heard.

Petitioner herein filed Crl.M.P.No.488 of 2015 before the learned Additional District & Sessions Judge under Section 457 of the Code of Criminal Procedure seeking to release the vehicle i.e., Tata Indigo ECS Car bearing No.OD 02 D 0248 for interim custody of the petitioner and the said application was allowed by imposing some conditions. One of the condition is that the petitioner shall produce the Bank guarantee for a sum of Rs.4,00,000/-. Then, the petitioner filed the above Crl.M.P. seeking to modify the order as he is unable to produce the bank guarantee of Rs.4 lakhs. The learned Additional District & Sessions Judge, Vizianagaram modified the condition of production of bank guarantee to that of Rs.3 lakhs. Aggrieved by the said condition, the petitioner filed this petition.

Considering the facts and circumstances of the case, the above condition imposed by the learned Additional District & Sessions Judge directing the petitioner to produce bank guarantee for a sum of Rs.3 lakhs vide the order impugned herein, is modified to that of bank guarantee for a sum of Rs.1,00,000/- (Rupees One Lakh only). Rest of the conditions imposed by the learned Additional District and Sessions Judge, Vizianagaram in Crl.M.P.No.488 of 2015 vide order dated 27.11.2015 shall remain.

Accordingly, the Criminal Petition is disposed of. Miscellaneous petitions filed, if any, shall stand closed.

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JUSTICE RAJA ELANGO Date : 4.4.2016 Nn HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL PETITION No.4674 OF 2016 DATED 4.4.2016 Nn