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Judgment
6 paragraphs · 400 wordsK.P.S. Sandhu, J.
In this petition, under Section 482 Cr.P.C. the petitioner has preyed for the return of the case property which is in the form of ornaments. The petitioner was robbed of this property by a gang of dacoits in the year 1975. The culprits were arrested in the same year and the case property was allegedly recovered from them. Since then the case property is lying in the Treasury. The culprits were released on bail, but they jumped bail and absconded and were declared proclaimed offenders. The police has not so far been able to apprehend them and the case property is lying in the Treasury for the last about nine years.
The petitioner filed an application for the release of the case property on Sapurdari before the Additional Sessions Judge, Gurgaon. He disposed of the application vide his order dated 2121981. The relevant portion of the said order reads as under :
"Report perused, Heard. This prayer for release of stolen property on sapurdari has seriously been opposed by the prosecution. It has been pointed out that some of the culprits are as yet absconding and in the event of their prosecution, the stolen property shall have to be produced in Court as material exhibits. The learned P.P. has asserted that the court should wait for more time before making final orders in the matter, to enable the police to apprehend the Surety, it would not, be expedient and feasible to direct the release of ornaments on sapurdari. This petition is accordingly for the time being dismissed."
The petitioner again applied for the custody of the case property. That application was disposed by the learned Additional Sessions Judge, Gurgaon vide his order dated 6th July, 1984, copy of which is annexed with the petition as Annexure P. 1.
Mr. S.K. Mittal, learned counsel for the State very fairly concedes that the case property is likely to be spoiled by rust and there is no objection if the case property is given on Sapurdari to the petitioner on his furnishing adequate security for the same. Consequently, I order that the case property be given on Sapurdari to the petitioner on his furnishing adequate, security to the satisfaction of the Chief Judicial Magistrate, Gurgaon with the direction that he would produce the same in the Court as and when required. The petition stands disposed of accordingly.