Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 79 N 2023 Naresh Vs State and anr.
CNR-MHMM18-001422-2023
ORDER BELOW EXH.1
1. This is an application under Section 457 of Code of Criminal
Procedure for release of property.
2. As per applicant he was duped by unknown persons and they
fraudulently obtained from him the amount of Rs.50,00,000/-. At the
instance of applicant, the offence was registered with respondent Police
Station at C.R. No.09/2023. During investigation the bank account
mentioned in the present application was frozen by the respondent as the
amount deposited by the applicant is lying in it.
3. The applicant is in need of said amount and hence filed the present
application. Say of the I.O. and Ld. A.P.P. was called. They have no
objection to handover the cash and requested for passing necessary orders
to that effect.
4. The incidence occurred since long back and since then matter is
pending. The amount paid by applicant remained unused. He is deprived
of it for no fault on his part. Investigation relating to the cash seems to be
completed. Therefore, application needs to be allowed and as such order -
ORDER
a. The application is allowed.
b. The respondent is directed to request the concerned officers, of the
bank mentioned in the Pursis, Exh.7, to transfer the amounts lying in this
account, in an account maintained by the applicant mentioned in the
Pursis, Exh.7, after executing indemnity bond of Rs.50,00,000/- before
respondent. Pursis, Exh.7, shall form of part of order.
MUMBAI (KOMALSING RAJPUT)
DATE – 29.03.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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