Interim Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 2264 PW 2021 State Vs Gaurav
CNR – MHMM18-005403-2021
ORDER BELOW EXH.-1
1. This is an application under Section 457 of Code of Criminal Procedure
for release of property.
2. As per applicant his vehicle i.e. Bajaj Auto Rickshaw, bearing
registration no. MH-04-JH-5468, was seized by respondent in connection with
an offence registered with respondent police station at C.R. No.488 of 2021,
for offences punishable U/Sec.380, 454, 457 r/w.34 of Indian Penal Code.
3. Say of the respondent was called. The Investigating Officer and Ld.
A.P.P. raised objection to handover the vehicle to the applicant. But objection
is not sustainable as the investigation relating to vehicle is completed and no
such strong material on record found. The record shows that applicant is legal
claimant and is entitled to its possession. If remained in custody of respondent
it will damage and applicant may suffer irreparable loss. Thus, there appears
no hindrance in allowing the application. Therefore, following order -
ORDER
a. The respondent is directed to handover the custody of the vehicle i.e.
Bajaj Auto Rickshaw, bearing registration no. MH-04-JH-5468, mentioned in
its say to the applicant on executing indemnity bond of Rs.2,00,000/- (Rupees
Two Lacs Only).
b. The applicant shall furnish two photographs of the vehicle while taking
custody and shall not permit any others to use it.
MUMBAI (KOMALSING RAJPUT)
DATE – 20.01.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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