Punjab-Haryana High Court
The Sagar Co-Op Transport Society Ltd vs The State Of Punjab on 30 July, 2012
Author: Ritu Bahri
Bench: Ritu Bahri
Crl. Misc. No. M-13887 of 2012 (O&M) -1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
Crl. Misc. No. M-13887 of 2012 (O&M)
Date of decision : 30.07.2012
The Sagar Co-op Transport Society Ltd. ....Petitioner
versus
The State of Punjab ...Respondent
CORAM: Hon'BLE MS. JUSTICE RITU BAHRI
Present: Mr. A.K. Khunger, Advocate
for the petitioner
Mr. Rajinder Mathur, AAG, Punjab
****
RITU BAHRI , J. (Oral)
The present petition under Section 482 Cr.P.C is for setting aside the order dated 02.12.2011 passed by learned Sub Divisional Judicial Magistrate Gidderbaha (P-2) dismissing the application of the petitioner for release of Bus bearing registration NO. PB-05-C-9997 on superdari and further for setting aside order dated 28.02.2012 passed by learned Additional Sessions Judge Sri Muktsar Sahib (P-3) dismissing the revision petition of the petitioner.
Reply filed on bahalf of the State, is taken on record.
The undisputed facts in the present case are that the bus beaing registration N. PB-05C-9997 in question is the case property in F.I.R No. 91 dated 10.09.2007 registered at Police Station Kot Bhai under Sections 279/304-A IPC. The bus was released on superdari on 01.11.2007. Since the petitioner failed to comply Crl. Misc. No. M-13887 of 2012 (O&M) -2- with the conditions of superdari bonds. Vide order dated 25.07.2008, the superdari bonds of the aforesaid bus was cancelled and the bus was ordered to be taken into custody vide order dated 03.02.2009 and a direction was given to produce the vehicle on next dated i.e 09.03.2009. Thereafter, the petitioner again approached for release of the bus on superdari and vide order dated 05.07.2010, the bus was released on superdari on furnishing of superdari bond in the sum of ` 10,00,000/- with one surety of the like amount and undertaking was also taken to produce the vehicle in question on each and every date of hearing without changing its colour, shape and nature without the prior permission of the Court. The petitioner-society produced the previous surety before the learned trial Court. It will not be out of place to mention here that the learned trial court also imposed a penalty of ` 70,000/- on the petitioner and further penalty of ` 70,000/- was imposed on the previous surety. Both the penalties were duly deposited before the learned trial Court. Thereafter, the petitioner again approached the learned trial Court for release of the bus on superdari. However, vide order dated 02.12.2011, the learned trial court dismissed the application of the petitioner on the ground that the petitioner has changed the colour of the bus.
Feeling aggrieved against this order, the petitioner preferred a revision petition, which was also dismissed on 28.02.2012 (P-3).
Learned counsel for the petitioner submits that the bus in question was taken into police possession in the year 2009 after cancellation of earlier superdari and the same was ordered to be released vide order dated 05.07.2010 but the same was released in view of the condition imposed by the learned trial court that before Crl. Misc. No. M-13887 of 2012 (O&M) -3- furnishing superdari bond, the petitioner shall produce the previous surety, therefore, the bus remained in police custody for sufficient long period and there was no question of changing the colour of the bus by the petitioner when the bus is in possession of the police.
This fact has not been controverted in the reply filed by the respondent-State. The petitioner has since deposited the penalty imposed upon him.
In view of the above, the present petition is allowed. Order dated 02.12.2011 passed by learned Sub Divisional Judicial Magistrate Gidderbaha (P-2) and order dated 28.02.2012 passed by learned Additional Sessions Judge Sri Muktsar Sahib (P-3) are set aside.
A direction is given to the respondent to release the bus bearing registration No. PB-05-C-9997 be released on superdari subject to the conditions mentioned in order dated 05.07.2010.
30.07.2012 (RITU BAHRI) G.Arora JUDGE