VERMA, J. - (1.) MR. K. L. Thakur is present in Court. He is directed to accept notice. He accepts notice.
(2.) THE matter is being heard at the admission stage for final disposal, looking to the very short point involved. It appears that Maruti Car No. DBB 1821 was seized by officials of the Police Station, Arnod in a criminal case, being a material exhibit. The car was registered in the name of Bhagwanti Devi, who is mother of Krishna Kumar and Khajan Chand. Krishna Kumar and Khajan Chand moved an application for interim custody of the car during pendency of the criminal trial in the case State vs. Parampal Singh. In the application, it was stated that Bhagwanti Devi was mother of petitioner and their father Teja Ram had already expired. There is no other owner of the car and the petitioners are the sole owners and, therefore, the car may be given to them on 'supurdgi' Learned District & Sessions Judge, Pratapgarh after hearing the learned counsel for the petitioners as also the Public Prosecutor and after going through the case diary, ordered release of the car in favour of the petitioners, Krishna Kumar and Khajan Chand on being satisfied that Bhagwanti Devi had already expired on 15. 7. 93. The learned Judge directed that the car may be handed over to petitioner Khajan Chand on furnishing a security in a sum of Rs. 1,50,000/- for producing the car in the court as and when required to do so. A further condition was imposed that petitioner shall not alienate or transfer the car in any way and he shall maintain the carin in the same condition. He, however, added a further condition that after obtaining the delivery of the car, the petitioner shall produce the same before S. H. O. , Arnod every month, who will examine the car and prepare a report regarding the condition of the car every month. It is this stipulation which is being challenged by filing this Misc. Petition. Learned counsel for the petitioner submits that the stipulation is wholly improper, illegal and unlawful. It places a very onerous burden on the petitioner to produce the car before the S. H. O. every month. Petitioner khajan Chand is resident of Sadul Sahar, District Sri Ganganagar and it would be highly expensive to take the car every month to Police Station, Arnod from Sadul Sahar as both Sadul Sahar and Arnod are situated at a great distance. The learned Public Prosecutor finds himself unable to support the stipulation laid down by the learned Sessions Judge. I have considered the circumstances of the case and in my opinion, the order of the learned Sessions Judge is wholly improper, irregular and unjust in the circumstances. Sadul Sahar is situated at a great distance from Arnod, which is in District Chittorgarh. The learned Sessions Judge did not consider that this stipulation would put the petitioner to a huge expenditure in bringing and taking back the car from Sadul Sahar to Arnod every month. The proper stipulation would have been to ask the petitioner to produce the car, as and when it was required for purpoes for identification in the court and such a stipulation would definitely have been proper and would have met the ends of justice. I fail to understand, the purpose with which this stipulation has been entered by the learned Sessions Judge. When a stipulation has already been entered that the petitioner shall maintain the car in the same condition in which it was seized then such a further condition was not required to be imposed. If the petitioner in any way fails to comply with the condition regarding maintaining it in the self-same condition in which it was recovered, the trial court would have been perfectly justified to forfeit the bonds and recover the penalty and seize the car. I, therefore, find that the order of the learned Sessions Judge, Pratapgarh dated 13. 9. 93 deserves to be modified. The condition regarding production of the car before the S. H. O. Arnod every month is deleted and shall be substituted by stipulation that the car shall be produced before the learned trial Judge as and when required for purposes of identification. The other conditions in the bond shall remain the same. The petitioner need not bring the car every month before the S. H. O. , Arnod. This Misc. Petition is disposed of accordingly. . ;