Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 191/N/2024.
C.R. No. 187/2024.
MHMM18-004787-2024
Kherwadi Police Station.
Rajmal Ramfal Shirshaval … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER PASSED BELOW EXH. 01
The application is filed by the applicant namely Rajmal
Ramfal Shirshaval for release of Royal Enfield Bullet 350 bearing
registration No. MH-02-GC-4463 and Samsung A12 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
offences punishable under sections 392, 506(2), 170 of I.P.C. and Section
4, 25 of Arms Act.
2) I.O. and Ld. APP objected the application on the grounds
that offences are serious, said property used in the commission of
offences and there is possibility of committing same kind of offences.
They prayed for rejection.
3) In support of his contention regarding ownership, applicant
has filed on record verified copies of RC book, Aadhar card, mobile
purchase invoice and xerox copies of FIR, statement & 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
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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. Royal Enfield
Bullet 350 bearing registration Number
MH-02-GC-4463 and Samsung A12 mobile
phone be handed over to applicant on executing
indemnity bond of Rs. 3,15,000/- (In words
rupees Three Lakhs Fifteen 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 : 24.05.2024
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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