1. ' This is basically a bail application but the learned counsel for the petitioner also raises the plea that as the car was in wrongful custody of the police it should be returned to the petitioner.
2. ' The matter pertains to case F.I.R. No,75, dated 26-4-2001, registered at Police Station Paarianwali, District Mandi Baha-ud-Din, under sections 420, 468, 471 and 411, P.P.C.
3. ' Petitioner's car Toyota Corrolla Pakistan Model was apprehended under section 550 of the Cr.P.C.
4. By the police. He has been previously agitating for its possession before various authorities of the police and has now come to this Court seeking redress.
5. ' Learned counsel for the petitioner further states that he is a bona fide purchaser and a respectable citizen. There is no other contestant of this car and it should be given to him on Superdari.
6. ' Sikandar, A.S.-I. States that the car was carrying a number plate which was registered in Azad Kashmir and when a letter was addressed to the Azad Kashmir Government for verification, they gave a description of a motor car having such a number but having different particulars which are reflected in the Registration Book of the petitioner regarding chassis number and the registration number as well as its type.
7. ' Learned counsel states that the car being in their custody, the likelihood that correct communication was not made, is also there.
8. ' Learned counsel for the petitioner states that although he has not made a specific prayer for grant of the car on Superdari but he did make a prayer that he may be granted any relief to which he may be entitled in law and as the entire case has been discussed before this Court, he wishes to make the prayer that the car in-question be given to the petitioner on Superdari there being no other contestant.
9. ' Accepting this verbal prayer of the petitioner covered by the prayer already made in a general term in the petition and as this Court has heard the case, the Investigating Officer is directed to hand over the car on Superdari to the petitioner in case he furnishes a bond of Rs,3,00,000 (Rupees three lac) in favor of the I.O., while also undertaking that he will produce the car whenever there is a counter-claim of ownership or upon discovery of any incriminating circumstance or if required by the Investigating Officer in connection with this case.
10. ' As the petitioner is no longer required and claim himself to be a bona fide purchaser, therefore, this Court is confirming his bail. But he shall continue joining the investigation whenever required by the police.