- (1.) K. S. Rakhra, J. Heard the learned Counsel for the applicant, learned A. G. A. and perused the record.
(2.) IN January, 2005 an F. I. R. was lodged by Sri Uma Shankar Jain, Adhyaksh Jain Samaj, Sitapur to the effect that some idols have been stolen from Sri Parasnath Digamber Jain Temple which is an ancient temple. No one was armed in the F. I. R. The police, however, subsequently claims to have recovered the stolen idols 19-1-2005. The applicant made an application for release of the idols. The Magistrate concerned rejected the application on 29-1-2005. Copy of rejection order in Crime No. 16/2005 P. S. Mahmoodabad, District Sitapur has been filed as Annexure No. 3. The release application was rejected simply on the ground that idols were case property and they could be required at the time of evidence. While rejecting the application the Court has further observed that it would not be safe to release the property in favour of the applicant as they are very valuable idols. A revision against this order has also been dismissed by the Additional Sessions Judge, Sitapur. The argument of the learned Counsel for the applicant is that the applicant undertakes to produce the idols as and when directed by the Court in connection with the proceedings in the Court with regard to Crime No. 16/2005 P. S. Mahmoodabad, District Sitapur. Further it has been submitted that idols are required for day to day worship. It is a matter of faith of large section of Jains who are followers of the said religion. Considered circumstances as well as the reasons given by the concerned Courts below.
(3.) LEARNED A. G. A. does not oppose the application for release. Since the idols which were stolen were installed in a temple which is a place of worship and they are required for the purpose of worship by the followers of Jain religion, there is no justification for not releasing the idols in favour of Bhagwan Parasnath Digambar Jain Temple through Sri Uma Shanker Jain the applicant. The petition is allowed. The Magistrate concerned is directed to handover the idols to the applicant Sri Uma Shanker Jain on such terms and conditions including furnishing of bonds and security as he may deem proper in the circumstances of the case. Petition allowed. .;