Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 230/N/2021.
C.R. No. 41/2021.
Kherwadi Police Station.
CNR No.MHMM180011002021
Mohd. Ismail Anwar Mohd. Choudhary … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
VIZ. HONDA DIO MOTORCYCLE BEARING No.MH02FD1894
1. This is an application vide section 451 of Cr.P.C. for return
of seized motorcycle bearing registration No. MH02FD1894, Chasis
No.ME4JF39KBKU019462, Engine No.JF39EU4100122.
2. Perused application, say of investigating officer. Heard.
3. Applicant sought custody of said seized motorcycle. He is
ready to produce the said property whenever required till final disposal of
case. The application is supported by various documents such as copy of
Registration Certificate, FIR, Aadhar card, affidavit cum NOC of accused,
and affidavit of applicant etc.
2. Investigating officer rendered his no objection to release said
vehicle in favour of applicant. Whereas, Ld. APP failed to file say.
3. Considering the reasons mentioned in application supported
by documents, it is evident that, the aforementioned vehicle may be
temporarily released in favor of the applicant, being rightful claimant of
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the same. Hence, upon imposing certain conditions the said vehicle may
be released in favor of applicant. Hence, the following order :
ORDER
1 The seized motorcycle bearing No. MH02FD1894 be
released in favor of applicant viz. Mohd. Ismail Anwar
Mohd. Choudhary on his furnishing indemnity bond of
र. 50,000/, subject to furnish insurance certificate.
2 He shall produce the said vehicle as and when required
by the Court.
3 Investigation Officer shall obtain photographs of seized
vehicle from all angles for its proper identification in
future.
4 Copy to the concerned police station for compliance of
this order.
Date : 04.03.2021
ssl.
(Sudhir N. Shinde)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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