ALLARAKH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ON a complaint lodged by one Shri Asgar AH, a case under sections 420, 467 and 468, I. P. C. was registered against the petitioner Allarakh in Police Station, Sojat City. During the investigation of the case, the police had taken into possession truck bearing registration no. RSN 2898. The case of the prosecution against the petitioner is that truck bearing no. RJZ 1871 belonging to Asgar Ali was given on hire to the petitioner but he changed its registration number to RSN 2898 by changing the engine number and chasis number of the truck. It was, however, found that the truck stated to have been given by Asgar Ali to the applicant was different from truck bearing no. RSN 2898 and that the said truck which was taken as case property could not be a truck which is stated to have been mis-appropriated by the petitioner. Accordingly, the petitioner was discharged of the offence under sections 467 and 468. No case was said to have been made out under section 420 but taking into consideration the allegation against the petitioner a charge under section 406 was framed against him about his having mis-appropriated truck no. RJZ 1871. The truck bearing no. RSN 2898 which was admittedly seized from the possession of the petitioners, was given on 'supardari' to him on his giving undertaking that he would produce in court as and when required. After the court held that the said truck was not the case property, the petitioner moved the learned trial court with a request that he be not directed to produce the truck in question in court and that his bond/supardginama be discharged. The learned trial court has accepted the prayer of the petitioner in regard to the non-production of the truck in court but had declined his prayer to discharge the 'supardginama. Consequently, the petitioner has come to this Court by filing this petition.

(2.) I have heard the learned counsel for the parties.