RAJINDER PARSHAD Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN this petition, under Section 482 Cr.P.C. the petitioner has preyed for the return of the case property which is in the form of ornaments. The petitioner was robbed of this property by a gang of dacoits in the year 1975. The culprits were arrested in the same year and the case property was allegedly recovered from them. Since then the case property is lying in the Treasury. The culprits were released on bail, but they jumped bail and absconded and were declared proclaimed offenders. The police has not so far been able to apprehend them and the case property is lying in the Treasury for the last about nine years.

(2.) THE petitioner filed an application for the release of the case property on Sapurdari before the Additional Sessions Judge, Gurgaon. He disposed of the application vide his order dated 2 -12 -1981. The relevant portion of the said order reads as under :

(3.) MR . S.K. Mittal, learned counsel for the State very fairly concedes that the case property is likely to be spoiled by rust and there is no objection if the case property is given on Sapurdari to the petitioner on his furnishing adequate security for the same. Consequently, I order that the case property be given on Sapurdari to the petitioner on his furnishing adequate, security to the satisfaction of the Chief Judicial Magistrate, Gurgaon with the direction that he would produce the same in the Court as and when required. The petition stands disposed of accordingly.