Final Order 1

Order Details: Order Below EX 1
Pdf Text: C.C. No. : 873/N/2019
Application for Return of Property
1. Applicant Sravan Govinda Kumar Nadar filed this application for return of
the property U/sec.457 of Cr.P.C. According to the applicant, he is the owner of the
KTM Duke 390 motorcycle bearing registration no.MH01CS7101. He has parked
his motorcycle in the garage for repairing purpose and the said motorcycle was
stolen. Therefore, he has filed the report in the police station. He is the owner and
ready to abide the conditions and prayed to release interim custody of said
motorcycle to him.
2. Ld. APP filed the say underneath the application and submitted that property
claimed by applicant is required during trial for identification and accordingly
conditions may be imposed upon applicant as not to tamper with it and produce as
and when required. I.O. may also directed to obtain photographs, and to prepare
panchanama of the property. I.O. filed the separate say and submitted that they
have no objection to return the said property to its registered owner on the terms
and conditions.
3. Heard the Ld. Counsel for the applicant. To support the contention of
application, he has filed the affidavit on record. Today, applicant with list of
documents produced the copy of registration certificate, which shows that applicant
is owner of said motorcycle. He has also filed the original insurance copy on which
name of applicant is also appeared. Prima facie applicant is the owner of the said
vehicle. The vehicle is standing in idle condition without use and caused the
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damaged to the said property. Hence, it is just to release the property on the
conditions to the applicant. With the result, I pass the following order :
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O R D E R
The Inspector of Khar Police Station, if in possession of the KTM Duke 390
motorcycle bearing registration number MH01CS7101 mentioned in the
application, shall hand over the same to the present applicant.
Before that the applicant to furnish Indemnity Bond for Rs.90,000/ (Rupees
Ninety Thousand Only) undertaking to the effect that,
(a) Applicant will not alienate, destroy, give on rent or part with the possession of
the above vehicle,
(b) Applicant will produce the said vehicle before the Police Station or the Court
as directed by this Court.
(c) That the applicant to furnish photographs of the vehicle to the police station,
which later on to be filed alongwith the final report in the Court by the police.
sd/
( P. V. Bulbule )
Addl. Chief Metropolitan Magistrate,
Dt.16.01.2020 9th Court, Bandra, Mumbai.
Kkg
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