Final Order 1

Order Details: Order Below EX 1
Pdf Text: C.C. No. : 892/N/2019
Application for Return of Property
1. Applicant Sachin Madhukar Sawant filed this application for return of the
property U/sec.457 of Cr.P.C. and stated that his motorcycle bearing registration no.
MH01CF2028 is recovered by Mahim police station. He is the owner of said
motorcycle and prayed to release interim custody of said motorcycle to him.
2. Ld. APP filed the say underneath the application and submitted that
conditions may imposed upon the applicant and I.O. may also directed to obtain
photographs, and to prepare panchanama of the property. I.O. filed the separate
say and submitted that appropriate order may be passed.
3. Heard the Ld. Counsel for the applicant. Alongwith application the applicant
filed affidavit. Documents of registration is verified by the J.C. and xerox copy is on
record. Applicant is the owner of said motorcycle. FIR is lodged by Sakshi Sachin
Sawant and she has filed Affidavit cum NOC on 04.01.2020. Motorcycle is found by
the police and police have not required the said motorcycle. Prima facie applicant is
the owner of the said vehicle. The motorcycle is standing in idle condition without
use and caused the 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 :
O R D E R
The Inspector of Mahim Police Station, if in possession of the motorcycle
bearing registration no. MH01CF2028 mentioned in the application, shall hand
over the same to the present applicant.
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Before that the applicant to furnish Indemnity Bond for Rs.40,000/ (Rupees
Forty Thousand Only) undertaking to the effect that,
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(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.15.01.2020 9th Court, Bandra, Mumbai.
Kkg
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