Final Order 1

Order Details: Order Below EX 1
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CC No.587/N/2022(971/PW/2021)
Ajay Suresh Gotad V/s. Vakola PS
ORDER
1. This is an application filed for return of motorcycle bearing
No.MH02FF8655 seized in the crime by Vakola Police Station in C. R.
No.74/2021 registered u/sec. 392 r/w 34 of IPC.
2. APP objected to release the motorcycle as it requires for trial.
3. Admittedly, seized motorcycle belongs to the applicant.
Applicant in support of his contention has produced R.C. book. Application
is well supported by affidavit of applicant. There is no rival claim by any
person in respect of the seized motorcycle. Custody of motorcycle is not
required for further investigation as chargesheet is filed. In such
circumstances, no good purpose would serve keeping the said motorcycle
further in custody. For the apprehension of APP condition can be imposed.
Applicant is entitled to receive the seized motorcycle. In the result,
following order is passed :
ORDER
1. The custody of motorcycle bearing No.MH02FF8655 seized
in the crime by Vakola Police Station in C. R.No.74/2021
registered u/sec. 392 r/w 34 of IPC be returned to the
applicant on furnishing indemnity bond of Rs.50,000/.
2. Applicant shall not to transfer, alter, alienate in any
manner seized motorcycle to any person without prior
permission of Court and to produce the same as and when
required for trial.
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3. Investigating Officer is directed to take the photographs
of the seized motorcycle and to produce the same and
indemnity bond along with final report.
sd/
Metropolitan Magistrate,
Date: 13.09.2022 71st Court, Bandra, Mumbai.
ssm/
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