Скачать или смотреть What is superdari and who is entitled to it?

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S. 516 -A---Order for custody and disposal of property pending trial in certain cases---Application for restoration of custody for vehicle on superdari---Contention of the applicant was that the vehicle was sole property of the Company he was representing and had not been used in commission of offence---Validity---Perusal of record revealed that the applicant was the authorized person for the Company, and had filed the registration documents for the vehicle, including certificate of change of ownership---Complainant had extended no objection to restoration of vehicle in favour of applicant and applicant had also submitted Form-A and Form-29 to SECP as per requirement---Vehicle was not involved in any crime and there existed no justification to refuse restoration of custody---High Court directed restoration of vehicle to the applicant on furnishing surety in the sum of Rupees 100,000 and PR bond in the like amount---Applicant was further directed to produce the vehicle before Trial Court as and when required---Revision was allowed, accordingly.
Ss. 514 & 516 -A---Superdari---For-feiture of surety bond---Record had revealed that the person voluntarily appeared before the Trial Court and stood surety of car, executed surety bond before the Trial Court and bound himself to produce the said car on each and every date of hearing, when and where required and in failure he would pay the surety amount---Neither the car in question was produced by the surety before the Trial Court nor paid surety amount as per bond executed by him---Trial Court repeatedly issued directions to the surety, but he did not produce the said car---When the order was passed by the Trial Court, car in question was handed over to the owner in presence of the surety, and from the very date of release of car, it was not produced before the Trial Court---Accused persons, who were on bail, also absconded from the Trial Court---Many opportunities were given to the surety by the Trial Court to submit the reply, but he failed to do so---Impugned orders passed by courts below, needed no interference, and the directions issued by the Trial Court were upheld---Application filed by surety calling in question impugned orders, was dismissed, in circumstances.


Ss. 439 & 516 -A---Supredari order, review of---Scope---Application of peti-tioner was allowed by Trial Court and case property was ordered to be handed over to him but subsequently on an application filed by respondent the order was withdrawn and application of petitioner was recalled---Validity---Trial Court had no power under Criminal Procedure Code, 1898, to review its own order and all orders regarding disposal of property were final except ex parte order---Revision application was allowed, earlier order passed by Trial Court was revived as the subsequent order passed with regard to same property was violative of law.
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