SAPRE J-This criminal application has been filed by the original complainant Kishan Pandurang Kagde to challenge the order passed by the Additional Chief Metropolitan Magistrate, 2nd Court, Mazgaon, Bombay, on 3rd March 1975 under section 451 of the Code of Criminal Procedure, 1973, directing that the motor lorry, which was the subject-matter of the offence of theft, be given in the custody of original accused No.1 Baldevsingh Giansingh pending conclusion of the trial on a bond of Rs. 50,000 with one surety in the like amount to produce the vehicle in Court whenever called upon to do so.

2. The motor lorry bearing registration No. MHB 3468 was owned by accused No. 1 Baldevsingh. On 16th December 1974, he agreed to sell it to the complainant Kishan for a consideration of Rs. 44,000. Out of this amount, an amount of Rs. 31,000 was paid by the complainant to accused No.1 by 31st December 1974. The remaining amount was to be paid on 20th January 1975 on which date the vehicle was to be transferred in the name of the complainant. According to the complainant, possession of the vehicle was given to him by accused No. I and since then the vehicle had remained in his possession. C