Final Order 1

Order Details: Copy of Order
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS,
17TH COURT, BORIVALI, MUMBAI
Notice No. 844/N/2026
North Region Cyber Police Station
ORDER BELOW EXH. 1
Present application is filed by applicant viz. Mitul Naresh Darji
praying for defreezing amount of Rs. 7,00,000/- in his account.
2. Applicant has stated that he has lodged FIR bearing no. 115/2026
for cheating and fraud. During investigation, bank accounts are freezed
wherein amount is transferred. Hence, applicant prayed to defreeze said
amount.
3. Perused application as well as say filed by I.O. and Ld. APP. I.O.
has given no objection for allowing the application. It has been
contended by Ld. APP that if amount is given to the applicant, he may
dispose of the same.
4. To support the contentions in the application, applicant has filed
his affidavit. Applicant has produced on record photocopies of FIR,
Aadhaar Card and bank statement of his account maintained with ICICI
Bank, branch Borivali (East).
5. Heard both sides. Ld. Advocate for applicant has filed pursis
praying that amount as per say of IO be returned. After taking into
consideration the say filed by police, it is clear that bank accounts are
freezed wherein amount is transferred.
Prima facie applicant appears to
be entitled to get the temporary custody of the amount which is freezed.
Considering the nature of offence, the Court is of the opinion that
conditional order will suffice the purpose. Hence, amount can be
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defreezed and reverted to the applicant's account. Therefore, the Court
proceed to pass following order.
ORDER
i. Application is allowed.
ii. Investigating Officer is directed to transfer the seized freezed
amount in the account of applicant bearing no. 123801505934, IFSC
Code-ICIC0000418 maintained with ICICI Bank, branch Borivali (East),
after receipt of bank details from the applicant.
iii. Applicant shall execute his indemnity bond of Rs. 8,36,248/- (Rs.
Eight lakhs Thirty-six thousand Two hundred Forty-eight only) subject
to the following conditions.
a) Supurtnama be executed in concerned police station on it's
due identification.
b) Concerned police station to transmit copy of Supurtnama to
this Court.
c) If it is proved subsequently that the applicant is not entitled
to the above stated amount, he shall be liable to deposit
the said amount in the Court.
iv. Office to issue memo accordingly.
(A. A. K. Shaikh)
Judicial Magistrate First Class,
Date : 24.07.2026 17th Court, Borivali, Mumbai.
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