M.C.Agarwal - (1.) THIS revision petition has been filed by the revisionist against an order dated 4th February, 1993 passed by the Chief Judicial Magistrate, Allahabad declining to release a Bajaj Motorcycle registered at number U.P. 70-B/7515. The revisionist is an accused in a case of murder and the allegation is that he reached the scene of occurrence on the Motor Cycle in question. Learned Chief Judicial Magistrate has declined to release the vehicle solely on the ground that it was a case property and will be required at the time of the trial.
(2.) LEARNED Additional Government Advocate as well as the learned counsel for the first informant agree that the vehicle can be released in favour of the revisionist, who is admittedly the owner thereof on his undertaking to produce the same before the Court concerned whenever required. The revision petition is therefore, allowed. The order under revision is set aside and the learned Chief Judicial Magistrate, Allahabad is directed to release the aforesaid Motor-cycle in favour of the revisionist on his furnishing a personal bond with one surety to the satisfaction of the Chief Judicial Magistrate concerned, undertaking to keep the Motor-Cycle intact and not to effect any material changes therein and to produce the same before the Court concerned during the trial of the case whenever required. The surety will not be required to deposit cash or bank guarantee. Revision allowed.;