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Punjab-Haryana High Court

Gagandeep Singh vs State Of Punjab on 23 August, 2018

Author: Ramendra Jain

Bench: Ramendra Jain

CRM-M-4967-2018                                                          -1-

 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH


                                        CRM-M-4967-2018

                                        Date of decision: 23.08.2018

Gagandeep Singh
                                                     ..... Petitioner

                          Versus

State of Punjab and another

                                                     ..... Respondents

CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN

PRESENT: Mr. Gurinder Singh Brar, Advocate for
         Mr. JS Brar, Advocate for the petitioner.

            Mr. Harpreet Multani, AAG, Punjab.

RAMENDRA JAIN, J. (ORAL)

Through this petition under Section 482 Cr.P.C., prayer has been made for quashing impugned order dated 04.01.2018 (Annexure P-5) passed by the learned Judge, Special Court, Bathinda, dismissing the application (Annexure P-3) of the petitioner for releasing i-20 car bearing registration No. HR-25-E-5557, on superdari.

Heard.

Learned counsel for the petitioner inter alia contends that petitioner had purchased the car in question, much earlier to the registration of FIR No. 155 dated 15.07.2017 (Annexure P-2). An affidavit dated 08.12.2017 (Annexure P-4) in this regard was executed in his favour by its earlier owner, namely; Surender Singh. The condition of car is deteriorating every day being lying parked in Police Station Kotwali, Bathinda. With the passage of time, it would rendered un-worthy of road condition. The petitioner is ready to abide by any condition which shall be imposed upon 1 of 2 ::: Downloaded on - 29-08-2018 14:49:27 ::: CRM-M-4967-2018 -2- him by the trial Court.

In view of the above and considering the overall facts and circumstances, the impugned order dated 04.01.2018 (Annexure P-5) is hereby set aside. The trial Court, is directed to release aforesaid i-20 car bearing registration No. HR-25-E-5557, on superdari in favour of the petitioner, on his furnishing appropriate surety bonds to its satisfaction along with an undertaking to produce the vehicle during trial as and when required by the trial Court.

The instant petition stands disposed of accordingly.

August 23, 2018                                  ( RAMENDRA JAIN )
rishu                                                 JUDGE


             Whether speaking/reasoned               Yes/No
             Whether reportable                      Yes/No




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