ORDER SHEET
IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
Cr. Rev. A. No. S-14
of 2018
Dญญญญญญญญญญญate
Order
with signature of Judge
For
orders on office objection
For
katcha peshi
20.04.2018
Mr. Alam
Sher Bozdar Advocate for the
applicant
Mr. Abdul Wahab Bhutto Advocate for the complainant
Mr. Sardar
Ali Shah Rizvi DPG
.,.,.,.,.,.,.,.,.,.,.,
The applicant by way of
instant Cr. Rev. Application has impugned an order dated 5.1.2018 of learned 3rd
Additional Sessions Judge Naushero feroz, whereby he has been denied custody of his truck
trailer on superdari, which is involved in case
outcome of FIR No.101/17 u/s 320, 279, 427, 322 PPC of PS Bhirya
.
The facts in brief
necessary for disposal of instant Cr. Revision application are that the said
truck trailer when was driven by its driver Ameer
Khan Awan allegedly in rash and negligently manner,
ran over a person named Abdul Waheed, as a result whereof
he lost his life with damage to his motorcycle, for that a case was registered
with PS Bhirya at the instance of Imran
Ali. Before learned trial court, the applicant sought for custody of said truck
trailer, on superdari, on the basis of his ownership over
it, by way of an application u/s 516-A Cr.PC. It was dismissed
by learned trial court by way of the order, which is impugned by the applicant before
this Court by way of instant Cr. Rev. Application, as stated above.
It is contended by
learned counsel for the applicant that the said truck trailer is no more
required by the police as the investigation of the very case is over. It is not
the case property and applicant being its owner could not be denied its custody
on superdari pending disposal of the case. Learned
trial court by making refusal to restore the custody of the said truck trailer
in favour of the applicant on superdari
being owner has committed wrong which could be made right by this court. By
contending so, he sought for custody of the said truck trailer in favour of the applicant. In support of his contentions he
relied upon case of law Muhammad Rashid
& others vs. The State which is reported at PLD 1991 Karachi 200.
Learned counsel for the
complainant has sought for dismissal of instant Cr. Rev. Application by
contending that it has been used in commission of the incident.
Learned DPG has supported the impugned order.
I have considered the above arguments and
perused the case law.
It is alleged that the
said truck trailer at the time of incident was being driven in rash and
negligent manner by its driver Ameer Khan Awan as a result whereof, Abdul Hameed
lost his life with damage to his motorcycle. It was obviously a road accident, the
said truck trailer as such could not be said to have been used as weapon in
commission of the incident. The useful reference in that respect if need be, could
be placed upon case of Muhammad Rashid,
which is relied upon by the learned counsel for the applicant. The
investigation of the case is over, the said truck trailer in such circumstances,
if is allowed to remain with the police for no use then it apparently would reduce
its value. In these circumstances, the impugned order of learned trial court denying
the custody of truck trailer on superdari in favour of the applicant on the basis of ownership could not
be sustained, it is set aside.
Having concluded above,
the applicant is allowed to take the custody of said truck trailer on superdari, on proper verification of his ownership
documents subject to his furnishing surety in sum of Rs.500,000/-and
PR bond in the like amount to the satisfaction of learned trial court with the
condition that he would produce the same at trial, whenever it is required.
Instant Cr. Rev. Application is disposed of
accordingly.
J
U D G E
Rafi