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Judgment
16 paragraphs · 363 wordsAjay Mohan Goel, J
By way of this petition filed under Section 482 of the Code of Criminal Procedure, the petitioner has challenged order dated 04.10.2016, passed by
the Court of learned Judicial Magistrate 1st Class, Baijnath, District Kangra, HP, in FIR No. 94 of 2016, under Sections 41 and 42 of the Indian Forest
Act and Section 379 read with Section 34 of the Indian Penal Code at Police Station Baijnath, whereby two applications filed by the respective owners
of the vehicles, which stood impounded in the course of investigation of FIR in issue for release thereof, were dismissed. This petition has been filed
by Shri Anish Kumar, who is stated to be owner of vehicle bearing No. HP-68-9469.
I have heard learned Counsel for the petitioner as well as learned Additional Advocate General and gone through the impugned order.
Though, primarily this Court does not finds any irregularity or illegality in the order passed by the learned Court below while dismissing the
application filed by the present petitioner, but, taking into consideration the fact that the impugned order was passed by the learned Court below as far
back as in the year 2016, which now stands assailed by way of this petition in the year 2020, this Court is of the view that it will be in the interest of
justice, in case, vehicle in issue is ordered to be released on sapurdari in favour of the petitioner, post furnishing of sapurdari bond to the tune of
Rs.10,00,000/- (Rs.Ten Lac only) with one surety in the like amount to the satisfaction of learned Trial Court. Ordered accordingly. As this indulgence
is being shown by the Court to the petitioner by granting relief to him against an order passed by the learned Trial Court in the year 2016, the petitioner
is burdened with cost of Rs.10,000/- (Ten thousand only), which shall be paid by the petitioner to the Advocates Welfare Fund of Himachal Pradesh
High Court Bar Association. Learned Court below shall issue release order of the vehicle bearing No. HP-68-9469, upon production of receipt of
payment of cost, as imposed by this Court hereinabove, in accordance with law.