1. Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 the petitioner has challenged the validity of order dated 05.03.2015 passed by learned Judge, Anti- Terrorism Court-II, Lahore through which he has declined to hand over an amount of Rs. 480,000/- on superdari to the petitioner who is complainant of FIR No. 188/13, dated 19.05.2013 registered at Police Station in respect of offences under Sections 365-A/302/201/109,PPC.
2. 3.After hearing the learned counsel for the parties and going through the record it has been noticed by us that the amount of ransom mentioned in preceding paragraph is case-property of above mentioned criminal case and the same is ordered by the learned trial Court to be kept intact till decision of appeal or revision if any filed or till expiry of limitation provided for it and, therefore, it be disposed of in accordance with law. In this context we have observed that so far no time-limit is available for the disposal of appeal or revision, therefore, the fate of above mentioned amount cannot be attach with the decision of appeal or revision or any further proceedings thereof. Considering this matter from another angle, the pendency of appeal or revision at any forum does not constitute any bar in facilitating an owner for his property especially in the circumstances when there is no other rival claimant, of such property. Even otherwise shifting custody of amount from the government treasury to the owner would not cause any vital effect on the fate of appeal or revision. Even the learned Assistant Advocate General has not express any reservation regarding handing over the ransom amount to the petitioner on superdari.
3. 4.For what has been discussed above this writ petition is, therefore, allowed and the custody of Rs.
4. 480,000/- ransom amount be handed over to the petitioner who is complainant of above said criminal case with the condition that he will furnish surety in the like amount equivalent to Rs.
5. 500000/- to the satisfaction of the Deputy Registrar (Judicial) of this Court.