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Criminal Revision No. 1395 of 1967, decided on 8^thApril, 1985.

‑‑Ss. 516‑A & 439‑‑Penal Code (XLV of 1860), Ss. 409, 420, 468 & 471‑‑Five cars and some other vehicles recovered from custody of accused during investigation of a case for committing fraud in Bank‑‑Both applications of Bank and one of accused for release of vehicles on Superdari dismissed by trial Court‑‑Appellate Court directing restoration of three cars to accused without furnishing any security‑‑Record showing that three out of four accused were absconding‑‑Accused to whom cars were restored and two of his co‑accused were proclaimed offenders‑ Order of appellate Court set aside in revision with direction that delivery of cars be given to Bank subject to proper security being furnished to satisfaction of trial Court.

Nemo for Petitioner.

Barkat Ali Saleemi for Respondent.

Altaf Muhammad Khan for A.‑G. for the State.

Date of hearing: 8th April, 1985.

This is a revision petition filed by M.H. Merchant, Vice‑President United Bank Ltd., Bank Square, Lahore, petitioner, against the judgment of a learned Additional Sessions Judge of Lahore, dated 11‑12‑1967, ordering re‑delivery of three cars Nos. LEE‑3044, GT‑6346 and LEE‑3745 (taxi) to Muhammad Anwar, respondent No.1, without furnishing any Sapurdari. Earlier, a First Class Magistrate of Lahore, by his order, dated 9‑10‑1967, had placed the custody of the said three cars with the Crimes Branch of Lahore, till the completion of the investigation.

2, The brief facts of the case are that a fraud of Rupees Eight Lacs (Rs.8,00,000) was committed in the Bank Square and McLeod Road Branches of the United Bank Limited, in respect of which F.I.R. No. 199 was registered at Police Station Old Anarkali, Lahore, on 18‑4‑1967 under section 409/420/468/471, P.P.C. The investigation in the said case was being conducted by the Crimes Branch. Five cars, two jeeps and some other vehicles were recovered from Muhammad Anwar, respondent No‑1, and his co‑accused, during the investigation. Applications were made by the United Bank Limited, petitioner, and Muhammad Anwar, respondent No.1, to the Illaqa Magistrate, for realse of the vehicles on Sapurdari. Both the applications were dismissed on 9‑10‑1967, with the observation that the vehicles should remain in the custody of the Crimes Branch, Lahore, till the investigation was complete. Muhammad Anwar, respondent No.1, preferred an appeal against the said order, which was allowed by an Additional Sessions Judge on 11‑12‑1967, who directed the restoration of the three cars Nos. LEE‑3044, GT‑6346 and LEE‑3745 to Muhammad Anwar, respondent No.1, without furnishing any security. Being aggrieved by the said order, the United Bank Limited, petitioner, has now come up in revision.

3. With the assistance of the learned counsel for respondent No.1 and the State, I have gone through the record.

4. On behalf of respondent No.1, it is submitted that the present revision petition has become infructuous, as the initial case has been decided.

5. It appears from the record that there were four accused in the case. Muhammad Anwar, accused absconded on 10‑11‑1970, Abdul Khaliq, accused absconded on 14‑4‑1975 and Zia‑ul‑Haq, accused, absconded on 25‑6‑1984. The last accused, namely, Muhammad Rafiq, was released on 20‑8‑1984 under section 249, Cr.P.C. pending the arrest of the remaining accused. Considering that Muhammad Anwar, respondent No.1 and two of his companions are proclaimed offenders, the order of the learned Additional Sessions Judge, dated 11‑12‑1967 is set aside. The three cars Nos. LEE‑3044, GT‑6346 and LEE‑3745 (taxi) shall be delivered to the petitioner Bank, subject to proper security being furnished to the satisfaction of the trial Court.

6. For the foregoing reasons, this revision petition is accepted and the order of the learned Additional Sessions Judge, Lahore, dated 11‑12‑1967 is set aside. The possession of the three cars Nos. LEE‑3044, GT‑6346 and LEE‑3745 (taxi) is granted to the petitioner Bank on Sapurdari, subject to proper security being furnished by the Bank to the satisfaction of the trial Court.

7. The office shall send a copy of this judgment to the Vice- President, United Bank Limited, Bank Square Branch, Bank Square, Lahore, for information.

8, A copy of this judgment shall be sent to the Inspector‑General of Police, Punjab, Lahore, so that his attention may be drawn to the, fact that three accused in this case are still absconding, for which no effective steps have been taken by the police for their arrest, and so that he may direct the Superintendent of Police to take proper steps their arrest.

H.A.

Revision accepted

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