IN THE HIGH COURT OF SINDH AT KARACHI
Crl. Misc. Application No. 1107 of
2024
|
DATE |
ORDER
WITH SIGNATURE OF JUDGE |
For hearing of main case
14.01.2025
Mr.
Naseeruddin advocate for the applicant
Mr.
Muhammad Noonari D.P.G
-.-.-.-.-.-.-.
Through this Crl. Misc. Application,
applicant Shahbar Khan has called in question order dated 16.10.2024, passed by
learned 1st Additional Sessions Judge, Malir, Karachi in Crl. Misc.
Application No. 422/2024, whereby application for restoration of vehicle bearing
Registration No.TAH-415 to the applicant was dismissed.
2. Notice of this application was issued
to Prosecutor General Sindh.
3. Learned advocate for the applicant
submits that applicant is lawful owner of the said vehicle and ownership
documents have been verified by competent authority, the same are in favour of
applicant. It is further submitted that vehicle is no more required for
investigation.
4. Mr. Noonari DPG submitted that vehicle
is case property in accident case and opposed the application.
5. It appears that vehicle bearing
Registration No. TAH-415 is owned by the applicant and documents have been
verified by the concerned Authority. DPG admits that vehicle is no more
required for investigation and challan has already been submitted. Applicant
being owner cannot be deprived of from use of his vehicle.
6. For the above stated reasons, interim
custody of the vehicle is given to the applicant subject to furnishing his
solvent surety in the sum of Rs.500,000/- (Rupees Five
Lacs Only) and P.R bond in the like amount to the satisfaction of the trial
Court, with the following conditions:
(i)
Applicant
will produce the vehicle before trial Court on every date of hearing.
(ii)
The
vehicle shall not be sold during pendency of the case;
(iii)
Color
of the vehicle shall not be changed.
7. Instant Crl. Misc. Application is
disposed of in the above terms.
JUDGE
Wasim
ps