Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32 ND COURT, BANDRA, MUMBAI
C.C. No. 43/N/2020
C.R. No. 412/2019.
Nirmal Nagar Police Station.
Abdul Qayyum Shaikh … Applicant
V/s.
Sr. Inspector of Police,
(Nirmal Nagar Police Station) ...Respondent.
AND
C.C. No. 45/N/2020
C.R. No. 412/2019.
Nirmal Nagar Police Station.
Abdul Azim Abdul Wahid Saudagar … Applicant
V/s.
Sr. Inspector of Police,
(Nirmal Nagar Police Station) ...Respondent.
COMMON ORDER BELOW EXH1
This is an application vide section 451 of Cr.P.C. for interim
custody of Samsung Galaxy A2 and Samsung J7 mobile phones, as
described in applications, seized in the CR No.412/2019 for offence
punishable under section 380 of IPC. Perused application, say of IO. Heard
both sides.
Mobile phones were stolen and recovered at the instance of
accused. The applicants sought custody being entitled for the same. They
are ready to produced the said property whenever required till final disposal
of case. The application is supported by various documents such as copy of
F.I.R., affidavit of applicants & Aadhar card etc..
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2. Investigating officer rendered his no objection to release said
muddemal in favour of applicant. Whereas, Ld. APP failed to file say.
3. Heard argument, perused the record.
4. Considering the reasons mentioned in applications supported
by documents, it is evident that, the aforementioned mobile phones may be
temporarily released in favor of the applicants, being rightful claimants for
the same. Hence, upon imposing certain conditions the said mobiles may be
released in favor of applicants. Hence, the following order :
ORDER
i) Application is allowed.
ii) The seized mobile phones be returned to the applicant till
disposal of the case, as prayed for, subject to furnishing
Indemnity bond of र 5,000/ and र 7,000/ respectively.
iii) They shall produce the seized muddemal, whenever called by
the Court or by the police.
iv) Investigation Officer shall obtain photographs of seized
mobiles from all angles for its proper identification in future.
v) Copy to the concerned police station for compliance of this
order.
Date : 28.01.2020
ssl.
(Sudhir N. Shinde)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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