Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 473 N 2023 Shailesh Vs State and anr.
CNR-MHMM18-008416-2023
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 he was duped by unknown persons and they
fraudulently obtained from him the amount of Rs.25,54,104/-. At the
instance of applicant, the offence was registered with respondent Police
Station at C.R. No.59/2022. During investigation the bank account in
which amount was transferred was frozen by the respondent and then the
amount deposited with the Investigating Officer and it is lying in the
account of investigating agency.
3. The applicant is in need of said amount and hence filed the present
application. Say of the I.O. and Ld. A.P.P. was called. They have no
objection to handover the cash and requested for passing necessary orders
to that effect.
4. The incidence occurred since long back and since then matter is
pending. The amount paid by applicant remained unused. He is deprived
of it for no fault on his part. Investigation relating to the cash seems to be
completed. Therefore, application needs to be allowed and as such order -
ORDER
a. The application is allowed.
b. The respondent is directed to transfer the amount, total value of
Rs.2,00,000/-, as mentioned in the say of respondent, in an account
maintained by the applicant mentioned in the application, after executing
indemnity bond of Rs.2,00,000/- (Rs. Two Lacs only) before respondent.
Sd/-
MUMBAI (KOMALSING RAJPUT)
DATE – 18.01.2024 M.M., 12TH COURT, BANDRA, MUMBAI
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