Mohammad Rafiq, J. - (1.) CONTENTION of learned Counsel for Petitioner is that learned trial court was not justified in rejection application of Petitioner filed under Section 457 Code of Criminal Procedure for handing over custody of stolen motorcycle which admittedly was purchased by Petitioner from registered owner thereof, namely, Leeladhar Kathuriya, who has given his affidavit in this regard. Original registration certificate and his duly signed certificate were with Petitioner, which were produced before learned trial court. Application was declined only because investigation was pending. Investigation has now been completed and challan has been filed. Trial of the case may take long. There is no other claimant come forward to claim the vehicle. Vehicle has remained in custody for three years and if it is allowed to remain any more in custody of police, there is likelihood of its being damaged and with passes of time its value and utility would diminish and no useful purpose would be served to keep it in custody.
(2.) LEARNED Public Prosecutor opposed the petition but could not point out that any other claimant has come forward to claim ownership of the vehicle. Having regard to facts of present case, it is ordered that custody of motorcycle bearing Registration No. RJ -02 -1M -9422 be handed over to Petitioner on his furnishing a Supurdginama in sum of Rs. 50,000/ - subject to condition that in case the vehicle is again found to be used in relation to any offence, it shall be liable to be confiscated in accordance with law and with undertaking that as and when the court requires the vehicle to be produced before it, the same shall be produced before the court on the date and time so fixed.
(3.) PETITION stands disposed of.;