M.A.A. Khan, J.-Heard the learned counsel for the parties.

2. In the present case Narain, informant lodged a FIR with Police Station Govindgarh alleging therein that the petitioner Mahadev alongwith his sons dishonestly took away a she buffalo from his possession. On such report a case of an offence under Section 379 IPC was registered at the Police Station and after investigation Mahadev petitioner was chargesheeted. It is reported that by now a charge for the offence under Section 379 IPC has already been framed against the petitioner and he is facing trial for that.

3. In the course of investigation of the case the police seized the stolen property, that is the she buffalo from the possession of the petitioner. Both the parties moved their application under Section 447 CrPC before the learned Magistrate. After hearing the learned counsel for the parties the learned Magistrate vide his order dated 6-7-95, directed that the ‘sapurdgi’ of the she-buffalo, during the pendency of the proceedings be entrusted to the petitioner on his, executing a Supurdgi Nama in the amount of Rs. 10,000/-. Narain non-petitioner challenged this order of the Magistrate before the learned Sessi