PARDEEP KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present revision petition has been filed against the order dated 12.10.2011 passed by Additional Sessions Judge, Kurukshetra, vide which, claim of the petitioner to release his two vehicles i. e. , motorcycle Bajaj Pulsar bearing Temporary No. HR-99T- 9239, Engine No. DJGBTJ97562 Chassis No. MD2DHDJZZTCJ 50682 and another motorcycle Hero Honda Splendor bearing Temporary No. HR-99T-1836, Engine No. HA10EAA9E21785 and Chassis No. MBLHA10EJA9E15762 on superdari, was dismissed.

(2.) The petitioner is facing trial in case bearing FIR No. 12 dated 14.01.2011, under Section 136 of the Electricity Act, 2003. The challan in the case has been presented before the trial Court.

(3.) Learned counsel for the petitioner submits that the petitioner is registered owner of the aforesaid vehicles and he is ready to abide by all the terms and conditions after releasing the vehicles on Superdari. Learned counsel further submits that the application moved by the petitioner has been dismissed only on this ground that the motorcycles are the case property, therefore, cannot be given to the petitioner on Superdari. Learned counsel further submits that both the vehicles were not recovered at the spot while committing alleged theft but still those were taken into custody by the Police after a delay of 15 days of the alleged occurrence. Both the motorcycles are in good condition and are being kept in Police custody without any justification and if the vehicles are kept in the same condition, its condition would be deteriorated.