ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

     Crl.Misc.Appln.No.D-10 of 2022.

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

1. For orders on office objections ‘A’.

2. For orders on M.A.No.848/2023.

3. For hearing of main case.

12.04.2023

                        Mr. Imtiaz Ali Mugheri, Advocate for the applicant.

                        Mr. Ali Anwar Kandhro, Addl.P.G for the State

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The facts in brief necessary for disposal of instant Crl.Misc.Application are that complainant Muhammad Aslam being Nazir of Court was appointed as receiver over landed property, subject to litigation by learned Senior Civil Judge, Kandhkot, there-from was taken away by the accused the wheat crop by committing mischief and criminal intimidation, for that the present case was registered; the subject Tractor allegedly used for threshing the wheat crop at the spot by the accused was taken into custody by the police; the applicant sought for its custody on the basis of ownership by making such application; it was dismissed by learned Incharge Judge, Anti Terrorism Court, Kashmore @ Kandhkot, vide order dated 21.06.2022; it is in these circumstances, the applicant has sought for custody whereof on superdari from this Court by way of instant Crl.Misc.Application U/S.561-A Cr.PC.

                        It is contended by learned counsel for the applicant that the applicant has nothing to do with the alleged incident; his Tractor was hired by the accused; it is only the source of his income and it also losing its utility and value in police custody. By contending so, he sought for custody of the Tractor for the applicant on superdari, which is opposed by learned Addl.P.G for the State by contending that it is used in commission of the incident.

                        Heard arguments and perused the record.

                        Apparently, the applicant has nothing to do with the alleged incident; the subject Tractor was hired by the accused involved in the incident. The case has finally been challaned and it now has been kept on dormant file.  In that situation, it would be unjustified to deny the custody of the subject Tractor to the applicant on superdari for indefinite period. Consequently, the applicant is allowed to take custody of the subject Tractor on superdari, on his  furnishing security in sum of Rs.100,000/- and P.R bond in the like amount to the satisfaction of learned trial Court.  

                        The instant Crl.Misc.Application is disposed of accordingly together with listed application.

JUDGE

JUDGE