Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice No. 256 N 2022 Rafiqul Vs State
CNR No.MHMM18-002823-2022
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 accused and they fraudulently
obtained from him the amount of Rs.3,32,898/- on 15.06.2021. The various
parts of said amount is deposited by accused in various accounts mentioned
by applicant in his application. At the instance of applicant, the offence was
registered with respondent Police Station at C. R. No.346/2021. During
investigation the bank accounts mentioned in the said application has been
freeze by the respondent and out of the said amount, the amount of Rs.1 lac,
deposited by the applicant is lying in them.
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 officer, of the
bank holding account mentioned in the application filed by applicant, to
transfer the amount lying in this account, in an account maintained by the
applicant mentioned in the pursis, dated 26.09.2022, after executing
indemnity bond of Rs.1,00,000/- before respondent.
Sd/-
MUMBAI (KOMALSING RAJPUT)
DATE – 11.10.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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