Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 189/N/2024.
C.R. No. 187/2024.
MHMM18-004784-2024
Kherwadi Police Station.
Ganesh Basavraj Kolekar … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER PASSED BELOW EXH. 01
Ther application is filed by the applicant namely Ganesh
Basavraj Kolekar for release of KTM Duke 250 bike bearing registration
No. MH-02-GD-2781 and Realme 11 Pro+ mobile phone which are
seized by the Kherwadi Police Station in connection with Crime
No.187/2024 registered with the Kherwadi Police Station for the offence
punishable under section 392, 506(2), 170 of I.P.C. and Section 66(c) of
I.T. Act.
2) I.O. and Ld. APP objected the application on the ground
that offence is serious one, said property used in the commission of
offence and there is possibility of committing same office. They prayed
for rejection.
3) In support of his contention regarding ownership, applicant
has filed on record original copy of vehicle particulars, verified copies of
tax invoice of vehicle, mobile invoice, Aadhar card and xerox copies of
FIR, statement insurance alongwith his affidavit. He also filed an
affidavit cum NOC of original owner of mobile i.e. his brother.
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
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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
ther ratio, said property 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. TM Duke250
bike bearing registration No.MH-02-GD-2781
and Realme 11 Pro+ mobile phone be handed
over to applicant on executing indemnity bond
of Rs. 3,00,000/- (In words rupees Three Lakhs
Fifty Thousand 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.187/2024.
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.187/2024.
Date : 17.05.2024
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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