Final Order 1

Order Details: Order below Ex-1
Pdf Text: CNR No.MHMM130067592023
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MHMM130067592023 Cri. Misc. Appln. No. 1827/2023
Under Section 457 of Cri.P.C.
Kajal Sanjiv Bhandare Vs.
The State of Maharashtra (Through
Deonar P.S.)
ORDER BELOW EXH. 1
(Passed on 01/08/2023)
Applicant is seeking custody of muddemal seized in
C.R.359/2022 by Deonar Police Station. The seized property is Earrings
Gold 2 gram and Gold Bali ring of 750 mgrm. It is alleged by the applicant
that she requires the seized muddemal for her day to day work. Hence,
this application.
2. I.O has filed say vide Exh. 05. I.O. has given no objection to
release the property. Ld. APP has filed his say vide Exh.06 and objected the
application contending that the muddemal is material piece of evidence
during the trial. He has further submitted that the guidelines of Hon'ble
Apex Court be strictly complied with.
3. In support of application, the applicant has filed (i) Copy of
FIR, (ii) Verified Copy of Aadhar card.(iii) Verified copy of Pan card, (iv)
Affidavit in support of application. (v) Affidavit of informant disclosing
that the gold ornaments were gifted to her vide Exh. 07.
4. With due verdict of Hon'ble Apex Court in Sundarbhai
Ambalal Desai v/s State, powers under section 457 of Cri.P.Code should be
exercised expeditiously. If the muddemal is kept unattended, it would turn
useless. Unnecessarily, police machinery would be required to keep it in
safe custody. Applicant has proved her prima facie entitlement to the
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interim custody of the seized Earrings Gold 2 gram and Gold ring of 750
mgrm. Neither accused nor anybody else has claimed the muddemal. In
above circumstance, and, in view of broad guidelines of Hon'ble Apex
Court in the ratio relied supra, it would be just to hand over custody of
seized muddemal to the applicant. Hence order :
O R D E R
1. Application stands allowed.
2. The custody of seized muddemal Earrings Gold 2 gram and Gold
ring of 750 mgrm. shall be handed over by I.O. to the applicant namely
Kajal Sanjiv Bhandare R/o.Shivshankar Nagar, Behind Tiss, Deonar Farm
Road, Deonar, Mumbai by executing an indemnity bond (Supratnama)
along with surety bond equivalent to market value of the said muddemal.
3. I.O. is directed to release the muddemal seized in C.R. No.
359/2022 in favour of above said applicant after effecting proper and
detail panchanama, along- with three dimensional photographs, at the
costs of the applicant, signed by applicant and counter signed by I.O.
4. The applicant shall not alienate or dispose off the muddemal and
produce it before the Court as and when required by the Court.
5. I.O. shall file copy of Indemnity bond, all the necessary documents
alongwith chargesheet.
6. Application and order be also kept along with the chargesheet.
(Order is dictated and pronounced in the open Court.)
Mumbai, (Mrudula S. Kochar)
Dt. 01.08.2023 Metropolitan Magistrate,
45th Court, Kurla, Mumbai.
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