Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 421/N/2020.
C.R. No. 367/2019.
Nirmal Nagar Police Station.
CNR No.MHMM180024702020
Mohd. Arif Abdulla Shaikh … Applicant
V/s.
Sr. Inspector of Police,
(Nirmal Nagar Police Station) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1. This is an application vide section 451 of Cr.P.C. for interim
custody of Honda motorcycle, bearing registration No. MH02ET7249,
Chasis No. ME4JF39EKHU045974, Engine No. JF39EU2193381, as
described in the application, seized in CR No.367/2019 for the offence
punishable under section 379 of IPC.
2. Perused application, say of IO. Heard both sides.
3. Said motorcycle was stolen and recovered at the instance of
accused. The applicant sought custody being entitled for the same. 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 and affidavit of applicant etc.
4. Investigating officer rendered his no objection to release
said vehicle in favour of applicant. Whereas, learned APP have failed to
file say.
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5. Heard argument, perused the record.
6. Considering the reasons mentioned in application supported
by documents, it is evident that, the aforementioned motorcycle may be
temporarily released in favor of the applicant, being entitled for the
same. Hence, upon imposing certain conditions the said motorcycle may
be released in favor of applicant. Hence, the following order :
ORDER
i) Application is allowed.
ii) The seized Honda motorcycle, bearing registration No. MH
02ET7249 be returned to applicant, till disposal of the case,
as prayed for, subject to furnish indemnity bond of
र. 50,000/, subject to furnish insurance certificate.
iii) He shall produce the said motorcycle as and when required by
the Court.
iv) Investigation Officer shall obtain photographs of seized
motorcycle from all angles for its proper identification in
future.
v) Copy to the concerned police station for compliance of this
order.
Date : 15.09.2020
ssl.
(Sudhir N. Shinde)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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