Factual Matrix

1. The petitioner is the registered owner of Ford Endeavour being registration No.DL 3C AY 5481 which was stolen on 20th February, 2009 whereupon FIR No.56/2009 was registered by P.S. Defence Colony. On 20th July, 2009, the car was recovered by the police from the accused persons and it was released by the Court to the petitioner on superdari on 4th August, 2009. The trial against the accused persons is still pending.

2. On 5th June, 2013, the petitioner moved an application under Section 451 Cr.P.C. for permission to sell the vehicle on the grounds that it was more than 5 years old, it required lot of maintenance/repair and its market value had depreciated.

3. Vide order dated 19th September, 2013, the learned Additional Sessions Judge allowed the petitioner to sell the vehicle in question subject to the condition that the prospective/intending purchaser shall execute the superdari bond to produce the vehicle as and when required. The relevant portion of the impugned order is reproduced hereunder:-

“...It has been contended on behalf of the applicant that the vehicle in question bearing registration No.DL-3CAY-5481 is the subject matter of the instant cas