Final Order 1

Order Details: copy of Order
Pdf Text: CNR No.MHMM160075682022
ORDER BELOW EXH.1 IN C.C. NO. 390/N/2022
1) This application is filed under section 457 of the Cr.P.C.
2) Perused the application and documents filed along with
it. The application is supported by the affidavit of applicant.
3) Also perused the report/say filed by the investigating
officer at Exh. 5 and Ld. A.P.P. has filed his say below Exh. 1 and
objected to handover the motorcycle i.e. Bajaj Pulsar bearing
registration No. MH03DM1636 to the applicant.
4) Heard the learned Advocate for the applicant & A.P.P.
5) The learned Advocate for the applicant submitted that,
the motorcycle i.e. Bajaj Pulsar bearing registration No. MH03DM
1636 is seized by Police of the Police Station, Tilak Nagar in Cri.
No.581/2022. He has further submitted that if the said motorcycle is
kept idle in the custody of the Police Station, Tilak Nagar, there is
possibility of damage due to rust and applicant will suffer loss. The
applicant is ready and willing to abide the conditions imposed by the
Court. The applicant prayed that the seized the motorcycle i.e. Bajaj
Pulsar bearing registration No. MH03DM1636 be handed over to
him.
6) The investigating officer has no objection to handover the
seized motorcycle i.e. Bajaj Pulsar bearing registration No. MH03
DM1636 to the applicant.
7) The learned APP has filed his say below Exh. 1 and
strongly objected this application and prayed for rejection of this
application.
8) The applicant has filed following documents :
a) Verified Copy of R. C. Book of the motorcycle i.e. Bajaj
Pulsar bearing registration No. MH03DM1636.
b) Verified copy ID proof of the applicant.
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8) On simple perusal of the documents on record, it appears
that, the applicant is the registered owner of said motorcycle i.e.
Bajaj Pulsar bearing registration No. MH03DM1636. Therefore, the
applicant is entitled to claim custody of said motorcycle. Under such
circumstances, no purpose will be served in keeping the Motorcycle
i.e. Bajaj Pulsar bearing registration No. MH03DM1636 in the
custody of the police station, Tilaknagar. The possibility of damage to
the motorcycle i.e. Bajaj Pulsar bearing registration No. MH03DM
1636 can not be ruled out, if keep in the custody of the police
station, Tilaknagar. Hence, it will certainly be damaged to it's non
use. On contrary, if the motorcycle i.e. Bajaj Pulsar bearing
registration No. MH03DM1636 is handed over to the interim
custody of the applicant on certain conditions, no injustice will be
caused to the investigation and trial of alleged offence would not be
concluded in near future
10) In the light of aforesaid discussion, the applicant is
entitled to get interim custody of the motorcycle i.e. Bajaj Pulsar
bearing registration No. MH03DM1636. Therefore, I pass the
following order.
: O R D E R :
1) Application is allowed.
2) The interim custody of Seized Property namely the
motorcycle i.e. Bajaj Pulsar bearing registration No. MH
03DM1636 (Chassis No. MD2A36FY5KCJ59202 &
Engine No. JLYCKJ37040) be handed over to the
applicant, till the conclusion of the trial subject to
following conditions:
a) Applicant shall execute indemnity bond of Rs.
1,50,000/ on bond paper of requisite value.
b) Applicant to undertake that he shall not dispose off,
alienate, encumbrance, create third party rights or part
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ORDER BELOW EXH. 1 3 C.C.NO.390/N/2022
CNR No.MHMM160075682022
with possession of the said motorcycle without prior
permission of the Court.
c) Applicant shall not change the engine number, chassis
number, colour and body of the said motorcycle, till
disposal of this case.
d) Applicant shall produce the said motorcycle before the
Court, as and when required.
3) The I.O. of the present crime is hereby directed to draw
detailed Panchanama of the motorcycle i.e. Bajaj Pulsar
bearing registration No. MH03DM1636, verify chassis
number & engine number of the said motorcycle and
capture photograph of the said motorcycle before handing
it to the applicant.
4) The applicant is hereby directed to produce his photo
identity and residence proof along with original
documents.
Date : 02/08/2022
Place:Vikhroli
Sd/
(Sharad S. Pardeshi)
Metropolitan Magistrate,
34th Court, Vikhroli, Mumbai
RKH/
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