GHULAM MUSTAFA vs ADDITIONAL SESSIONS JUDGE-IV, QUETTA and another
This judicial order arises from an application seeking the return of property documents (Fard) submitted as surety for the release of the applicant's stolen vehicle. The vehicle was stolen on 28-01-1998, for which FIR No. 23 of 1998 was registered at Police Station Industrial Area, Quetta, and was subsequently recovered. However, the untraced accused could not be arrested, no challan was submitted, and the case was consigned to record room due to lack of likelihood of tracing the culprits. The core question before the High Court was whether the surety submitted for interim custody of the recovered property should be discharged and original title documents returned when the investigation has concluded with the case being consigned to record. Noting the State counsel's express no-objection, the High Court held that the surety stood discharged and directed the Additional Sessions Judge-IV, Quetta to return the property documents to the surety after proper identification in accordance with law.
- Should surety documents submitted for the release of recovered property be returned when the case is consigned to record as untraced?
- Can a surety be discharged if the prosecution raises no objection and there is no likelihood of the accused being traced?
ORDER
MUHAMMAD NADIR KHAN, J.-This application has been submitted for the return of property document/Fard submitted by Lai Muhammad for release of the vehicle of applicant, which was stolen on 28-1-1998 and subsequently recovered but accused being unknown could not be.
Arrested. With regard to said incident F.I.R. No.23 of 1998 was registered with Police Station Industrial Area, Quetta but till date no challan has been submitted. However, report has been made that the case has been consigned to record as. After recovery of the vehicle the culprits could not be treated out and there is no likelihood of their being traced out in future. The learned State counsel expressed his no objection with regard to return of property documents/Fard submitted by Lai Muhammad for the release of vehicle of the applicant.
2. In such view of the matter the surety so submitted by Lai Muhammad for release of the vehicle of applicant is discharged. The property documents/Fard so filed by him before the learned Additional Sessions Judge-lV, Quetta be returned to him after due identification of the surety as per law.