Judgment K.C. Sharma, J.-Heard Counsel for the parties. The petitioner through this misc. petition under Section 482, CrPC seeks to quash the order dated 18.03.2005 passed by the learned Additional Sessions Judge (Fast Track), Sawaimadhopur, whereby the learned Judge has dismissed the petitioners application filed under Section 452, CrPC, for delivery of tractor on Supurdagi-nama. 2. The petitioners have claimed custody of tractor No. RJ25-R7576 involved in Sessions Case No. 7/2001 (75/2000). This Sessions Case has been decided by the trial Court on 10.01.2002 and an appeal against the said Judgment is pending in this Court. However, trial is also pending against the accused who were absconding. 3. The petitioners who are owners of the aforesaid tractor moved an application under Section 452, CrPC, before the trial Court, for releasing the tractor on Supurdagi-nama in their favour. The learned Judge vide order dated 18.03.2005 dismissed the said application. Hence, this petition. 4. The Counsel appearing for the petitioners has contended that petitioners are the registered owners of the tractor and they have nothing to do with the aforesaid criminal case in which the tractor is involved. According to the learned Counsel, the tractor was alleged to be used in commission of offence by the accused. Learned Counsel submitted that tractor is stationed at the police station for more than 3 years and there is fear of decaying the tractor and engine and tyres etc. 5. I have considered the above submission and have gone through the impugned order. Taking into consideration, the entire facts and circumstances of the case including the facts that petitioners are the registered owners of the vehicle in question and that the Sessions Case ended in conviction of the accused and trial is also pending against some accused who were absconding and further the tractor is lying stationed at the Police Station for considerably long period, I consider it just and proper and in the interest of justice that custody of the aforesaid vehicle should be delivered to the petitioners who are the registered owner of the vehicle in question. 6.
6. Consequently, this petition is allowed and it is ordered that custody of the tractor No. RJ-25/R-7576 and be delivered to the petitioners, provided they furnish a Supurdagi-nama of rupees two lacs alongwith surety in the like amount to the satisfaction of the trial Court with the stipulation that petitioners shall not alienate/transfer the vehicle to any one nor shall change its shape, colour etc. They shall produce the tractor and trolly before the trial Court as and when directed to do so.