Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 802/N/2020.
C.R. No. 338/2020.
CNR No.MHMM180042722020
Kherwadi Police Station.
Mohammed Iqbal Akram Shaikh … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
VIZ. HONDA CB SHINE MOTORCYCLE
This is an application vide section 451 of Cr.P.C. for interim
custody of Honda CB Shine motorcycle, bearing registration No. MH03
CC3390, Chasis No. ME4JC652LFT071794, Engine No.
JC65ET0229679, as described in the application, seized in CR
No.338/2020 for the offence punishable under section 279, 336 of IPC.
2. Perused application, say of IO. Heard.
3. Said motorcycle was seized by Kherwadi police station, in
pursuant of rash and negligent driving of applicant/accused. The
applicant sought custody being entitled for the same. 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, insurance certificate, copy of FIR & Aadhar card.
2. Investigating officer rendered his no objection to release
said vehicle in favour of applicant. Whereas, Ld. APP failed to file say.
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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 Honda CB Shine motorcycle, bearing
registration No. MH03CC3390 be returned to
applicant, till disposal of the case, as prayed for, subject
to furnish indemnity bond of र. 30,000/.
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 : 7.01.2021
ssl.
(Sudhir N. Shinde)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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