ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl. Revision Appln.No.S-83 of 2023.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For the hearing of the main case.

04.07.2024

                        Mr. Abdul Ghani Bijarani, Advocate for the applicant.

                        Mr. Aitbar Ali Bullo, D.P.G for the State a/w complainant.

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IRSHAD ALI SHAH, J;-  The facts in brief necessary for the disposal of instant Crl. Revision Application are that the complainant, his witnesses, and the deceased Mukhtiar Ali when were going to their village in their Car, were confronted by accused Danglo and others, they fired at them as a result of such firing, Mukhtiar Ali died while PW Miran Bux sustained injuries, on account of damage to the glasses of the Car, for which the present case was registered. The subject Car was secured by the police and then the applicant claimed its custody on superdari by making such application, it was dismissed by learned Incharge Sessions Judge, Kashmore and Kandhkot, vide order dated 17.11.2023, which is impugned by the applicant before this Court by preferring the instant Crl.Revision Aplication.

2.         It is contended by learned counsel for the applicant that the applicant is the lawful owner of the Car and he is entitled to its custody on superdari, which is not opposed by learned D.P.G for the State who is assisted by the complainant.

3.         Heard arguments and perused the record.,

4.         The case has finally been challaned. The applicant is the lawful owner of the subject Car, if it is not restored to to the applicant then it would lose its value and utility. In these circumstances, the impugned order is set aside; consequently, the subject Car to be restored to the applicant on superdari on his furnishing surety in the sum of Rs.50,000/- and P.R bond in the like amount to the satisfaction of learned trial Court.

5.         The instant Crl. Revision Application is disposed of accordingly.

                                                                                          JUDGE