Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 702/N/2020.
C.R. No. 337/2020.
CNR No.MHMM180035142020
Kherwadi Police Station.
Aniket D. Kadam … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
VIZ. YAMAHA R1 MOTORCYCLE
This is an application vide section 451 of Cr.P.C. for interim
custody of YAMAHA R1 motorcycle, bearing registration No. MH06AR
5902, Chasis No. JYARN09500005920, Engine No. N507E022394, as
described in the application, seized in CR No.337/2020 for the offence
punishable under section 279, 336 of IPC.
2. Perused application, say of IO & APP. Heard both sides.
3. Said motorcycle was seized by Kherwadi police station, in
pursuant of rash and negligent driving of accused. The applicant sought
custody being entitled for the same. The FIR is lodged against the son of
applicant. 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, affidavit of applicant,
NOC cum affidavit of accused, copy of FIR, insurance certificate &
Aadhar card.
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2. Investigating officer rendered his no objection to release
said vehicle in favour of applicant. Whereas, Ld. APP failed to file say.
3. Heard argument, perused the record.
4. 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
1 Application is allowed.
2 The seized YAMAHA R1 motorcycle, bearing
registration No. MH06AR5902 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.
3 He shall produce the said motorcycle as and when
required by the Court.
4 Investigation Officer shall obtain photographs of seized
motorcycle from all angles for its proper identification
in future.
Date : 12.11.2020
ssl.
(Sudhir N. Shinde)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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