Final Order 1

Order Details: Order Below EX 1
Pdf Text: C.C. No. : 29/N/2020
Application for Return of Property
1. Applicant Shital Rajan Kathe filed this application for return of the property
U/sec.457 of Cr.P.C. According to the applicant, she is the owner of the Honda
Activa motorcycle bearing registration no. MH01DC2097. She has parked her
motorcycle in front of Milk Center and the said motorcycle was stolen. Therefore,
she has filed the report in the police station. She is the owner and ready to abide
the conditions and prayed to release interim custody of said motorcycle to him.
2. Ld. APP filed the say underneath the application and submitted that property
claimed by applicant is required during trial for identification and accordingly
conditions may be imposed upon applicant as not to tamper with it and produce as
and when required. I.O. may also directed to obtain photographs, and to prepare
panchanama of the property. I.O. filed the separate say and submitted that they
have no objection to return the said property to its registered owner on the terms
and conditions.
3. Heard the Ld. Counsel for the applicant. To support the contention of
application, she has filed the affidavit on record. Today, applicant with list of
documents produced the copy of registration certificate, which shows that applicant
is owner of said motorcycle. She has also filed the original insurance copy on which
name of applicant is also appeared. Prima facie applicant is the owner of the said
vehicle. The vehicle is standing in idle condition without use and caused the
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damaged to the said property. Hence, it is just to release the property on the
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conditions to the applicant. With the result, I pass the following order :
O R D E R
The Inspector of Mahim Police Station, if in possession of the Honda Activa
motorcycle bearing registration no.MH01DC2097 mentioned in the application,
shall hand over the same to the present applicant.
Before that the applicant to furnish Indemnity Bond for Rs.50,000/ (Rupees
Fifty Thousand Only) undertaking to the effect that,
(a) Applicant will not alienate, destroy, give on rent or part with the possession of
the above vehicle,
(b) Applicant will produce the said vehicle before the Police Station or the Court
as directed by this Court.
(c) That the applicant to furnish photographs of the vehicle to the police station,
which later on to be filed alongwith the final report in the Court by the police.
sd/
( P. V. Bulbule )
Addl. Chief Metropolitan Magistrate,
Dt.17.01.2020 9th Court, Bandra, Mumbai.
Kkg
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