In Brief
A contractor engaged by the National Highway Authority sought release of a Hydraulic Excavator held in court custody under Section 451 of the Criminal Procedure Code. The Magistrate had ordered release on furnishing a self-bond of Rs.40 lakhs with two sureties, plus a bank guarantee for alleged loss to a demolished building. The High Court deleted the bank guarantee requirement. The Supreme Court upheld this, holding that bank guarantees for alleged collateral losses cannot be mandated as conditions for vehicle release, especially where the loss resulted from authorized government-directed highway work. The appeal was dismissed.
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