Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 707/N/2022.
C.R. No. 1011/2022.
Nirmal Nagar Police Station.
MHMM180102382022
Nasrin Nadim Khan … Applicant
V/s.
Sr. Inspector of Police,
(Nirmal Nagar Police Station) ...Respondent.
ORDER BELOW EXH1
This application is filed by the applicant namely Nasrin
Nadim Khan for release of Activa 6G LED motorcycle bearing
registration No.MH02FQ8847 which is seized by the Nirmal Nagar
police station in connection with Crime No.1011/2022 registered with
the said police station for the offence punishable under section 392 r/w
34 of I.P.C.
2) Both I.O and APP have an objection and submitted that
investigation is in process, chargesheet is yet to be filed, said muddemal
is required at the time of trial and if property is released in favour of
applicant, he may abscond or will not produce the said property at the
time of trial. They prayed for rejection.
3) In support of her contention regarding ownership, applicant
has filed on record verified copies of RC Book, Aadhar card & xerox
copies of insurance, FIR & statement alongwith her affidavit.
4) In the matter of Sunderbhai Ambalal Desai V/s. State of
Gujrath, AIR 2003, SC 638 the Hon'ble Supreme Court has laid down
certain guidelines as to the property which is seized by the police during
the investigation, which is to be disposed of as early as possible. As per
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this ratio, said vehicle is returned to the applicant. Under such
circumstances, I pass following order :
:: O R D E R	O R D E R ::
1] Application is allowed.
2] The seized muddemal property i.e. Activa 6G LED
motorcycle bearing registration No.MH02FQ
8847 be handed over to applicant on executing
indemnity bond of Rs.1,50,000/ (In words
rupees One Lakh Fifty Thousand only), in the
police station.
3] The applicant should undertake that she shall
not transfer, pledge or any other way alienate
the said muddemal till the final disposal of the
Crime No.1011/2022.
4] The applicant is also directed to produce the said
muddemal property as and when ordered to do
so.
5] The I.O. is directed to draw the proper
panchanama and take out two photographs of
the muddemal property in order to establish the
identity for identification and evidence.
6] The applicant is also directed to produce her
address proof.
7] Said application is to be affixed with Crime
No.1011/2022.
Date : 17.11.2022
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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