IN THE COURT OF MIAN MASOOD HUSSAIN,
ADDITIONAL SESSIONS JUDGE, YAZMAN, DISTRICT BAHAWALPUR.
Talib Hussain versus The State
FIR No.799/2011
Offence under Section 365-A, 376, PPC
Police Station City, Yazman.
Application for superdari of Jeep.
ORDER/14.5.2012.
This application for superdari of Suzuki Jeep, Model 1998,
Registration No.822/MNV, Engine No.703239, Chassis No.324658, case
property of case FIR No.799/2011 registered under Sections 365-A and
376, PPC at Police Station City, Yazman is filed by Talib Hussain son of
Allah Bakhsh on the ground that he is exclusive owner of above said
vehicle. There is no other claimant of the above said vehicle. The above
said vehicle is compounded by the local police in case FIR No.799/2011
registered under Sections 365-A and 376, PPC at Police Station City,
Yazman. Due to useless compounding of above said vehicle the
petitioner is not only deprived from his conveyance but also due to non-
maintenance of above said vehicle, serious damage is causing to above
said vehicle.
2. Learned counsel for the petitioner undertakes that the
petitioner shall produce the above said vehicle before this Court during
the trial of this case as and when required by this Court. The petitioner
is ready to submit bail bond.
3. This petition is not opposed by the learned ADPP for the
State.
4. Arguments heard. Record perused.
5. This is petitioner’s second application for superdari of
Suzuki Jeep Model 1998, Registration No.822/MNV, Engine No.703239,
Chassis No.324658. The above said vehicle was taken into possession
by the police in case FIR No.799/2011 registered under Sections 365-A
and 376, PPC at Police Station City, Yazman.
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6. Today original registration book is produced by the learned
counsel for the petitioner. From the perusal of the above said
registration book, it transpired that the above said vehicle was
transferred to the name of the petitioner on 21.3.2012 by Motor Vehicle
Registering Authority, Bahawalpur. There is no rival claimant of above
said vehicle and the purpose of superdari is to hand over case property
to a person who is owner of the case property and for the purpose of
proper maintenance and management of the case property.
7. For the reasons discussed above, this Court finds merit in
this application. The same is allowed subject to furnishing of surety bond
of Rs.10,00,000/- (Ten hundred thousand rupees) with one surety
before the learned Illaqa Magistrate. The learned Illaqa Magistrate is
directed after receiving the surety bond to pass an appropriate order for
delivery of above said case property to the petitioner.
8. The petitioner is directed to produce above said vehicle
before this Court on each and every date of hearing after framing of
charge till the delivery of final judgment in this case. The petitioner is
further directed not to sell out the case property till final disposal of the
criminal case mentioned above. File be consigned to Record Room after
its due completion and compilation.
Announced:
14.5.2012
Mian Masood Hussain,
Additional Sessions Judge,
Yazman
Certified that this order consists of two pages which have
been dictated, corrected and signed by me.
Dated:14.5.2012
Additional Sessions Judge,
Yazman
