Law: Criminal Procedure Code (V of 1898)

Section: 516-A

Criminal Procedure Code (V of 1898)--- ----S. 516-A---Release of vehicle on superdari---Applicant had assailed order passed by the Magistrate whereby his application for release of his vehicle was dismissed---Contention of applicant was that neither he was required in the case nor vehicle in question had been declared as case property---Alleged offences mentioned in the F.I.R. were bailable, whereas accused persons nominated therein had been granted bail, but vehicle owned by the applicant had not been released to him---Impugned order was set aside and the Trial Court was directed to release the vehicle to the applicant upon proper verification and identification, subject to furnishing solvent surety. PLD 1974 SC 5; PLD 2002 Pesh. 87; 2002 PCr.LJ 97 and 2005 PCr.LJ 952 ref. ORDER AQEEL AHMED ABBASI, JUSTICE:---.--- Through instant Revision Application, the applicant has assailed the order dated 10-3-2011 passed by the Civil Judge and Judicial Magistrate Khipro in Criminal Case No.32 of 2011 whereby the application moved by the applicant under sections 516-A and 50, Cr.P.C. seeking release of vehicle i.e. Hyundai Shahzore bearing Registration No.KM-6533, Engine No.3774754 and Chasis No.109781 was dismissed. It is contended by the learned counsel for the applicant that the impugned order is contrary to law as neither applicant is required in the instant crime nor vehicle has been declared as case property. It is further stated that the alleged offences mentioned in the F.I.R. are bailable whereas the accused persons nominated therein have been granted bail whereas, the vehicle owned by the applicant has not been released to him. It has been further argued that F.I.R. No.11 of 2011 was registered against accused persons wherein it was alleged that the subject vehicle was used for the purpose of trafficking Ghutka, however, on an application moved by the applicant seeking release of vehicle the learned Civil Judge and Judicial Magistrate Khipro, allowed the same, and S.H.O, Police Station Khipro was directed to return the above said vehicle to its owner Muhammad Shaukat on proper verification and identification. Per learned counsel on 21-2-2011 the applicant…

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