Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No.680 N 2021 Johncy Vs Shahunagar
CNR-MHMM18-002900-2021
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 after incidence of theft at her home she approached
police station Shahunagar and the offence at C. R. No.178 of 2021 was
registered for offences punishable under section 379 of Indian Penal Code
against unknown person. Later on during investigation accused was traced
and certain recoveries including cell phone, watches and certain amount of
gold which includes ornaments and ingot (formed by goldsmith after melting
stolen ornaments sold to him), out of the property stolen, was made. She is in
need of the recovered phone, ornaments, gold ingot, therefore this application.
Say of the respondent was called. Investigating Officer has no objection to
handover the said property, while Ld. A.P.P. objected to the application mainly
on the ground that the said property may be required during trial for
identification.
3. Investigation relating to property is over. From the say of Investigating
Officer it is clear that applicant is legal claimant of the property. Though,
some of original ornaments were melted and now in the form of ingot there
appears no hindrance in allowing the application. Therefore, following order -
ORDER
a. The respondent is directed to handover the seized property as
mentioned in its say to the applicant on her executing indemnity bond of
Rs.2,00,000/- (Rs. Two Lacs Only).
b. While accepting custody, the applicant shall furnish the photograph of
the articles handed over to her and shall not dispose it off within two years
from today without prior permission of this court.
Sd/-
MUMBAI (KOMALSING RAJPUT)
DATE – 17.08.2021 M.M., 12TH COURT, BANDRA, MUMBAI
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