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1978 P Cr. L J 69

IRSHAD ALI vs THE STATE

Citation1978 P Cr. L J 69
CourtLahore High Court
Case No.Criminal Revision No, 974 of 1976
Date1977-01-19
Judge(s)Dr. Javed Iqbal
ResultRevision allowed

1. This revision petition is directed against the order dated the 16th of October 1976 of the Additional Sessions Judge, Sargodha, whereby he gave Bus No, 5065/S. G. On Sapurdari to United Bank Limited, Sargodha through its Vice-President Mr. Ziaullah Qureshi, on furnishing security of rupees two lacs and also on furnishing security of rupees one lac for mesne profits to the satisfaction of the trial Court. The position in this case is that one Sher Ali has been an accused person in the United Bank Limited fraud case. The present petitioner is stated to be the cousin of said Sher Ali. The allegation against Sher Ali accused person is that he had embezzled huge amount of money from the said Bank. The Bus in question was being driven by Ashiq Ali driver when it was taken into possession by the Police on the 22nd of June 1976. The allegation was that the said Bas in fact was owned and managed by Sher All accused and that income from the same was also received by Sher Ali accused. The case of the petitioner was that the said Bus originally belonged to Shafique Ahmad & Company and it was registered in the name of Shafiq Ahmad. Thereafter, Shafique Ahmed & Company sold the said Bus to Nisar Mahmood son of Muhammad Ramzan and from this person the petitioner vide agreement dated the Pith of April 1976 purchased the said Bus. Along with the aforesaid agreement Nisar Mahmood had also executed a receipt in favour of the petitioner. Thus, the petitioner had stated that he was the owner of the bus and was plying the same through his driver Ashiq Ali when it was taken into possession by the Police. Learned counsel for the State is present along with the Investigating Officer. He is not opposing this petition for the reason that so far the Police has not been able to find any clear evidence by which the said Bus could be connected with Sher Ali accused. In any case, in such circumstances, the established principle is that if the Bus in question was subject-matter of a case, it should be returned to the person from whom it was recovered. In that view of the matter, I set aside the order of the Additional Sessions Judge, Sargodha and give the custody of the said Bus on Sapurdari to the petitioner subject to his furnishing security amounting to rupees two lacs and also furnishing security of Rs, 1,C0,000 for mesne profits to the satisfaction of the trial Court. The petitioner is further directed to produce' the said Bus before the trial Court whenever required by it. With these observations this petition stands disposed of.

Cited by 2 cases

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