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Criminal Revision No. 179 of 1966, decided on 22nd April 1968.
S. 517‑Disposal of property‑Accused convicted of offence under S. 411, P. P. C. filing appeal and making prayer for delivery to him of bullocks, subject‑matter of theft‑Sessions Judge passing order directing bullocks to be taken from possession of complainant and kept in cattle‑pound‑Order, held, not warranted by law and set aside.
Azizullah K. Shaikh for Applicant.
Usman Ghani Rashid for the State.
M. B. Mesawa for Respondent No. 2.
Date of hearing : 22nd April 1968.
This is a revision application against the order of the learned Sessions Judge, Khairpur, dated 6th October 1966, regarding the disposal of property involved in an appeal filed by one imam Bux Junejo.
2. The admitted facts are that Imam Bux Junejo was tried and convicted for an offence under section 411, P. P. C. under a judgment given by Civil Judge and First Class Magistrate, Gambat, on 30th May 1966. Imam Bux filed an appeal before the Sessions Judge which was admitted to regular hearing. He also filed an application praying for the bullocks, the subject matter of theft, to be taken back from the complainant in the case and given over to him. The learned Sessions Judge then passed the impugned order directing the bullocks to be taken from the possession of the complainant and kept in a cattle‑pound equidistant from the villages of the complainant and the applicant. This order, in my view, is by no means permitted in law to be passed. The learned Judge, if he so desired, could have called upon the complainant to give security for keeping bullocks with himself. In view of the fact that the order passed by the learned Sessions Judge is not warranted by law, I set it aside. The bullocks shall continue to remain with the complainant. The revision application in these circumstances is allowed. The Sessions Judge is however competent to pass any order regarding final disposal of property at the time of disposal of the appeal.
Application allowed.
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