Final Order 1

Order Details: Order Below EX 1
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IN THE COURT OF ADDITIONAL CHIEF METROPOLITAN MAGISTRATE,
COURT NO.9, BANDRA, MUMBAI.
Notice Case No.313/N/2021
Mahim Police Station
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
(DATED 13.07.2021)
This is an application filed by applicant Mr. Vithoba Kishor
Mahadik, resident of Oshiwara, Jogewshwari, Mumbai for return of
property namely vehicle i.e. scooter Suzuki Access 125 bearing No. MH-
02-FD-0685 seized in C.R. No.277/2020 registered U/Sec.379 of I.P.C.
by Mahim Police Station. Ld. APP opposed the application.
Investigating Officer has given no objection to release the vehicle to the
applicant. No one else except the applicant made any claim over the
seized property. The possession and ownership of the applicant over
said vehicle have not been denied. His ownership is also apparent from
the registration certificate of the vehicle, affidavit of the applicant and
other documents. The present applicant being the registered owner of
the vehicle, and its possessor, he is entitled to receive interim custody of
the above said vehicle looking to the nature of offence. Hence, I pass
following order :-
ORDER
* The application is allowed.
* The seized property namely motorcycle Suzuki Access 125
bearing No.MH-02-FD-0685 seized in C.R. No.277/2020 registered
U/Sec.379 of I.P.C. by Mahim Police Station, be returned to Applicant
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Mr. Vithoba Kishor Mahadik residing at Room No.402, Om Shree Jay
Ambe Society, Anand Nagar, New Link Road, Oshiwara, Jogewshwari,
Mumbai, on executing indemnity bond of Rs.1,00,000/- (Rupees One
Lakh Only) with condition that :
a) The applicant shall not to sell, transfer, alienate, dispose off
the said vehicle or any part of it to any third person before
the conclusion of trial.
b) The applicant shall not change the nature of the said
vehicle in any mode or manner and shall not use for
unlawful purpose.
c) The applicant shall produce the said vehicle as and when
directed by the Court in the trial or by Investigating Officer
in the course of investigation.
d) The applicant shall follow the conditions imposed on him
scrupulously.
* The Investigating Officer is directed to take the above indemnity
bond of applicant and shall return the muddemal on due verification of
applicant. Investigating Officer is further directed to file indemnity bond
in the Court. On filing of indemnity bond, it be attached with the
charge-sheet.
Order accordingly.
SD/-
Mumbai
Date : 13.07.2021
(Prashant H. Kharwade)
Addl. Chief Metropolitan Magistrate,
9th Court, Bandra, Mumbai.
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