IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA
2nd Cr. Rev. Appln. No. S-74 of 2024
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Applicant |
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Abdul Rasheed son of Abdul Razzaque Khoso |
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Through Mr. Athar Abbas Solangi, advocate |
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The State |
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Mr. Muhammad Noonari, D.P.G. |
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Date of hearing |
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16-04-2025 |
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Date of order |
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16-04-2025 |
O R D E R
AMJAD ALI SAHITO, J.- Through instant criminal Misc. application, applicant Abdul Rasheed s/o Abdul Razzaque Khoso has impugned the order dated 12.11.2024, wherein the application filed by the owner U/S 517 Cr.P.C for release of truck bearing Registration No. TKA-762 on superdari basis.
2. Per learned counsel, infact the offence was committed by the driver and after incident he fled away from the place of incident, however, the applicant/owner of the vehicle, namely, Abdul Rasheed was arrested and after full dressed trial he was convicted vide judgment dated 02.07.2024. Being aggrieved by said judgment, the applicant Rasheed Khoso filed appeal before this Court being Cr. Appeal No. S-49/2024 and during pendency of the appeal, the applicant was released by this Court and his sentence was suspended U/S 426 Cr.P.C. After submitting the surety, he was released on bail. He further contended that while passing the impugned judgment, the learned trial court has ordered that the case property shown in challan sheet shall remain preserve till the case against absconding accused proceeds. He further submits that infact approach of the learned trial court is not in accordance with law. This is not the case of the narcotics, infact it is accidental case and in which the property has to be returned to the legal owner of the property and it was prime duty of the court that if any person applied for release of the vehicle on superdari basis, only role of the trial court is to send the documents for verification to the concerned department and infact the applicant is owner of the said property. He has lastly prayed that impugned order may be set-aside and vehicle may be released on superdari basis to the applicant and he undertakes that as and when absconding accused is arrested, he will produce the vehicle on each and every date of hearing.
3. Such proposal has not been opposed by the learned D.P.G. and he has raised no objection
4. Heard and perused the material.
5. Admittedly in F.I.R bearing No.151/2023, registered at Police Station A-Section Kandhkot, was registered for the offence U/S 320, 279, 337-G, 427 P.P.C. After the incident the truck driver left the truck and ran away from the place of incident and applicant Abdul Rasheed Khoso being owner of the truck was arrested. After arrest he was convicted and subsequently he was released by this Court after suspension of sentence. The applicant has also moved the application U/S 517 Cr.P.C before the trial court for release of vehicle on superdari basis but the same was dismissed vide order dated 12.11.2024 on the ground that property shown in challan shall remain preserved till case against absconding accused proceeds. In fact it is not correct approach and the vehicle cannot be detained at police station for an indefinite period and it will be damaged in open sky. Applicant has shown original documents and states that infact he is only one claimant of the said vehicle and under that he will produce the vehicle on each and every date of hearing when the case against absconding accused proceeds.
6. In view of above instant application is allowed. Impugned order dated 12.11.2024 is set-aside. Vehicle No.TKA-762, Engine No. 135233 be released on superdari basis subject to furnishing solvent surety in the sum of Rs.500,000/- to the satisfaction of the learned trial court with directions to the applicant/owner that whenever the trial court issues notices for production of vehicle, the same shall be produced for further proceedings or recording of evidence.
7. Instant criminal misc. application stand disposed of as above.
J U D G E