MOHD. SAHID Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition has been filed against the order dated 14.8.2001 passed by Shri R.S. Bagri, Additional Sessions Judge-III, Jind whereby order dated 19.7.2001 passed by Chief Judicial Magistrate, Jind rejecting the application of the petitioner for granting him superdari of vehicle bearing registration No. UP-12-9096 taken in custody by the police in FIR No. 278 of 26.6.2001, Police Station Sadar Jind was up-held.

(2.) ACCORDING to the prosecution case, on 25.6.2001 Constable Mange Ram in company of other police officials of police station Uchana was present at Chatter T Point with a private jeep No. HR-32-A/3817 driven by Shamsher Singh. At that time, the police party noted a Tata Sumo bearing registration No. UP- 12-9096 coming from the side of city Uchana. Despite signal given to the driven of the vehicle to stop the same, he ignored the signal and speeded away. His vehicle was followed by the police party in jeep No. HR32-A/3817. When the jeep carrying the police party reached near Kundan Cinema, Jind, the driver of the vehicle No. UP-12-9096 with intention to kill the members of the police dashed his vehicle against the jeep as a result of which Wazir Singh UGC received injuries. The driver of the vehicle was successful in running away from the spot. The case was got registered and the vehicle in question was taken into police custody. Admittedly, the challan has not been filed in the Court so far. Both the courts below had rejected the prayer to release of the vehicle in question on superdari to the petitioner, mainly, on the ground that the case is triable by the Court of Sessions. If the vehicle is kept in the police station it is likely to get damaged and rendered unusable because of its non use. It is not the case of the prosecution that the petitioner is not the owner of the vehicle.

(3.) SURETY bond shall be furnished to the satisfaction of the CJM, Jind. Disposed of in the above terms. Petition allowed.