KRISHNA LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) A criminal case vide F.I.R. No. 97 1993 under Section 379/34, I.P.C. for removal of the vehicle under reference from the possession of Suresh Kumar, respondent No. 2 was registered against the present petitioner, Krishan Lal and four other persons, named, S/Shri Onkar Chand, Vishwanath, Surinder Kumar and Prem Chand in June, 1993 at Police Station, Bilaspur. The vehicle under reference was taken into possession during investigation by the police. The present petitioner as well as respondent No. 2 submitted separate applications under Section 457, Cr. P. C. for the release of that vehicle which happened to be a Maruti Van No. HPY-848.

(2.) The learned Chief Judicial Magistrate, Bilaspur, after hearing the parties, ordered the release of the vehicle in question in favour of Shri Suresh Kumar, if not required in any other case. That too on Suresh Kumar's furnishing a bond in the sum of Rs. two lacs with one surety of the like amount undertaking to produce the vehicle if and when required during the investigation or trial of the case. The petitioner's prayer for release as such was disallowed.

(3.) Before appreciating the rival parties claim for the release of the vehicle, the facts and circumstances on record giving rise to the counter-claims by the respective party requires to be detailed out.