Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 159/N/2024.
C.R. No. 252/2024.
MHMM18-004247-2024
Kherwadi Police Station.
Vishal Shivaji Gaikwad … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER PASSED BELOW EXH. 01
Ther application is filed by the applicant namely Vishal
Shivaji Gaikwad for release of Suzuki motocycle access 125 bearing
registration No. MH-11-DG-2446 which is seized by the Kherwadi Police
Station in connection with Crime No.252/2024 registered with the
Kherwadi Police Station for the offence punishable under sections 279,
336 of I.P.C.
2) I.O. has no objection. Ld. APP objected the application on
the ground that said vehicle drove by applicant and there is possibility of
commission of same offence. He prayed for rejection.
3) In support of his contention regarding ownership, applicant
has filed on record verified copies of RC book, Aadhar card and xerox
copies of FIR, statement and insurance alongwith his 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
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ther 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. Suzuki
motocycle access 125 bearing registration No.
MH-11-DG-2446 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 he shall
not transfer, pledge or any other way alienate
the said muddemal till the final disposal of the
Crime No.252/2024.
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 his
address proof.
7] Said application is to be affixed with Crime
No.252/2024.
Date : 18.04.2024
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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