K V G KRISHNAN RAJU Vs. STATE OF C G

JUDGEMENT

(1.) THE Petitioner is aggrieved with that part of the order, which directs for furnishing a surety to the tune of Rs. 24 lakhs as a condition to release the seized Tata Hitachi 200 E.ex. Machine on Suprudnama to the Petitioner during the course of trial.

(2.) IT appears that a Tata Hitachi 200 E.ex. Machine (hereinafter referred to as : the seized Machine) was seized during the course of investigation of Crime No. 162/2006 registered at Police Station Balco Nagar, Distt. Korba (CG) under Section 304-A I.P.C. After the seizure, an application was filed before the Chief Judicial Magistrate for releasing the seized Machine on Suprudnama under Section 457 Code of Criminal Procedure and the aforesaid application was dismissed by the said Magistrate on 01.06.2006. A revision against the said order was filed before the Sessions Judge and the Sessions Judge, passed the impugned order dated 07th June 2006 and directed for releasing the said Machine on Suprudnama to the Petitioner on conditions that the Petitioner shall execute a Suprudnama to the tune of Rs. 24 lakhs and shall also produce a solvent surety in the like sum to the satisfaction of the C.J.M.

(3.) THIS submission was opposed by learned State Counsel. He submitted that the learned Sessions Judge has determined the present value of the Machine after perusing various records and then only has directed to furnish surety in the said sum.