JUDGMENT 1. - The petitioners have filed this petition under Section 482 Cr.PC being aggrieved against the order dated April 5, 1995 of Additional Chief Judicial Magistrate No. 1, Bharatpur, whereby their prayer for the custody of Guns was declined. 2. In brief, the facts of the case are that the Sub- Inspector & In-charge, Police Station Sewar Distt. Bharatpur seized two Guns, which are being claimed by the petitioners to be their licenced Guns, in Crime No. 19/95 registered at the said Police Station. The case was registered on the report of the Sub-Inspector Shambhudayal Saini and the report shows that the petitioner No. 2, Chhitar Singh was contesting the election of Sarpanch at the relevant time. It was also stated in the report that the supporters of rival candidates were aggressive against each other and there was apprehension of breach of peace as such the Sub-Inspector arrested some persons of both the parties under Section 151, Cr.PC. As per the prosecution case, the Sub-Inspector intercepted in a Jeep on the information of Mukhbir and the said jeep was occupied by the co-accused; Bhagwan Singh, Hirendra Singh, Suresh and Chhitar Singh and they were taking some arms to provide to their supporters to be used in the fight if take place between the two rival factions. Two Guns were also seized from the occupants of the jeep and they were not having licence in their possession at that time. There is accusation that the occupants of the jeep wanted to make fire from the guns, but they were overpowered by the police as such they could not succeed in their object. 1 have been informed that the matter is still under investigation and the charge-sheet has not been filed. 3. The petitioners moved an application for the custody of the Guns, but the prayers was declined by the learned Magistrate by the impugned-order and this petition under Section 482, Cr.PC has been filed. 4. It was contended by Mr. Tholia, learned counsel for the petitioners that both the Guns are licenced Guns and petitioner No. 1 Gangi Singh is having licence No. 46/66 of Gun No. S.B.B.L. No. PGW 2039 while, petitioner No. 2 Chhitar Singh is having licenced No. 103/65 of Gun No. S.B.B.L. 322, and these two Guns have been seized by the police showing them to be un-licenced. It is also contended that admittedly none of the guns was fired and in a charged political atmosphere guns have been seized by the police. The learned counsel contended that if the guns are kept in the custody of the police or in court unattended there is every possibility of their being damaged or rendered unfit for use. The learned counsel further contended that in the facts and circumstances, the guns to be delivered to the petitioners in their custody on such terms and conditions which this Court may think it just and proper. The learned Public Prosecutor has no serious objection for the delivery of the, guns in the facts and circumstances of the case on certain conditions to the petitioners. 5. Consequently, petition is allowed and it is directed that two Guns seized by the SHO, P.S. Sewar in Crime No. 19/95 registered at P.S. Sewar shall be handed over to the petitioners on the following conditions:- (i) that each of the petitioners shall file a personal bond in the sum of Rs. 10,000/- with one surety in the like amount to the satisfaction of the learned Additional Chief Judicial Magistrate No. 1, Bharatpur with an undertaking to produce their respective guns before the said court or any other court as and when required to do; (ii) that the petitioners shall not sell, transfer or otherwise, dispose of or part with the Guns in question, to any other person without prior permission of the trial Court; (iii) that the petitioners shall not use the said guns for commission of any offence. However, it is made clear that the concerned court shall be free to ask the petitioners to surrender the guns at any time during the pendency of any inquiry or trial, as the case may be. The concerned court shall also be free to pass such order if any of the conditions is violated by the petitioners. 6. The petition is allowed as indicated above.Petition allowed. *******