Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 272/N/2023.
C.R. No. 298/2023.
CNR No.MHMM18-004209-2023
Kherwadi Police Station.
Jashmina Begam Ikbal Shaikh … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER PASSED BELOW EXH. 01
This application is filed by the applicant namely Jashmina
Begam Ikbal Shaikh for release of Burgman Street Motorcycle bearing
registration No.MH-02-EY-5045 which is seized by the Kherwadi Police
Station in connection with Crime No.298/2023 registered with the
Kherwadi Police Station for the offence punishable under sections 279,
324 of I.P.C. and section 184 of M.V. Act.
2) Say was called from I. O. and A.P.P. They both objected and
submitted that, said motorcycle was used in the commission of offence
and it is essential at the time of trial. They prayed for rejection of the
application.
3) In support of her contention regarding ownership, applicant
has filed on record verified copies of R.C.Book, Aadhar card and xerox
copies of insurance papers, FIR & statement alongwith her affidavit.
4) In the matter of
Sunderbhai Ambalal Desai V/s. State of
Gujrath, AIR 2003, SC 638 the Hon'ble Supreme Court has laid down
certain guidelines as to the property which is seized by the police during
the investigation, which is to be disposed of as early as possible. As per
-- 1 of 2 --
this ratio, said vehicle is returned to the applicant. Under such
circumstances, I pass following order.
-:	-: O R D E R	O R D E R :-	:-
1] Application is allowed.
2] The seized muddemal property i.e. Burgman
Street Motorcycle bearing registration No. MH-02-EY-
5045 be handed over to applicant on executing
indemnity bond of Rs.2,00,000/- (In words rupees Two
Lakhs only), in the police station.
3] The applicant should undertake that she shall
not transfer, pledge or any other way alienate the said
muddemal till the final disposal of the Crime
No.298/2023.
4] The applicant is also directed to produce the said
muddemal property as and when ordered to do so.
5] The I.O. is directed to draw the proper
panchanama and take out two photographs of the
muddemal property in order to establish the identity
for identification and evidence.
6] The applicant is also directed to produce
her address proof.
7] Said application is to be affixed with Crime
No.298/2023.
Date : 26.09.2023
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
-- 2 of 2 --