Gaurav Nigam S/O Swami Saran Nigam v. The State Of Maharashtra

2025:BHC-AUG:6719 903wp77-25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 903 CRIMINAL WRIT PETITION NO. 77 OF 2025 Gaurav Nigam S/o Swami Saran Nigam

VERSUS

The State Of Maharashtra ...

Mr. Menezes Joslyn Anthony, Advocate for the Petitioner Mr. K. K. Naik, APP for Respondent State CORAM : Y. G. KHOBRAGADE, J.

Dated : 6th March, 2025 PER COURT :- 1.

Heard the learned Advocate for the petitioner and the learned APP for the respondent State at length. 2.

By the present petition, the petitioner takes exception to the order dated 22.10.2024 passed by the learned Additional Sessions Judge, Beed in Criminal Revision Application No. 74 of 2024 whereby the order of release of vehicle on Supratnama has been modified and directed to release the vehicle bearing registration No. UP 78 HT 7553 seized in Crime No. 229 of 2024 registered with Rural Police Station, Beed, on execution of indemnity bond of Rs.30,00,000/- and Bank Guarantee of Rs.10,00,000/-.

3.

It is a matter of record that due to rash and negligent driving by the Driver, on 08.07.2024 accident was caused, which

903wp77-25 resulted into casualty of two persons. Truck bearing registration No. UP 78 HT 7553 owned by the present petitioner seized by the Investigating Officer in Crime 229/2024.

4.

The Petitioner filed application under section 503 of the Bhartiya Nagarik Suraksha Sanhita, 2023 and prayed for release of the said truck on Supratnama. On 04.10.2024, the learned Judicial Magistrate First Class, Beed passed an order and released the vehicle on furnishing Bank Guarantee of Rs.40,00,000/-. Being aggrieved by the said order, the petitioner, owner of the truck filed Criminal Revision Application No. 74 of 2024 under section 438 of the BNSS, 2023. On 22.10.2024, the learned Additional Sessions Judge, Beed passed the impugned order and permitted the petitioner to furnish indemnity bond of Rs.30,00,000/- and Bank Guarantee of Rs.10,00,000/- for release of vehicle bearing registration No. UP 78 HT 7553 seized in Crime No. 229 of 2024 registered with Rural Police Station, Beed, which does not appear perverse or illegal. Therefore, no interference is called for at the hands of this Court. Accordingly, Cri. Writ Petition is dismissed. ( Y. G. KHOBRAGADE, J. ) JPChavan