Final Order 1

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ORDER BELOW NOTICE BEARING NO.3/N/19
IN C.R.NO.576/2018 OF ANDHERI POLICE STATION, MUMBAI.
Ranjit Shankar Yadav ...... Applicant.
V/s
The State of Maharashtra Through
Andheri Police station, Mumbai. ...... Respondent
O R D E R
(Dated 27/03/2019)
According to the applicant, he had filed FIR against
accused for the offence punishable U/Sec.504,419 & 420 of Indian
Penal Code for cheating etc.
The applicant submitted that police has seized cash amount
i.e. Muddemal. Now the said property is lying in the police station, and
therefore, he is seeking custody.
The Investigating Officer filed say and they have no
objection. The Ld APP has opposed the application. Further notice was
issued to accused for filing say through police but, despite service of
notice, they failed to give the reply of the same.
The applicant has filed affidavit along with supporting
documents viz xerox copy of FIR etc. I do not find any justifiable reason
to reject the application. However demanded amount is case property
and evidence of the concern criminal case, therefore necessary
conditions are required to be imposed within four corners of law.
Therefore I proceed to pass the following order in the interest of
justice:
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2
ORDER
1 Application is allowed.
2 The applicant shall execute Bank guarantee of Rs.2,50,000/
and shall undertake that no modification, alteration, or any change
shall be made in the above described property till the final disposal of
the main case.
3. The applicant shall furnish his photo identity, proof of permanent
and local residential addresses.
4 The applicant shall undertake to produce the said property before
the court, as and when directed.
5 The in charge of concern Police station shall cause the I.O. to
draw the panchanama and shall also take out photographs.
6 On production of the copy of the release order from this court,
the incharge of concern Police Station shall release the interim custody
of the aforesaid article/s to the complainant/ applicant.
7 On compliance by the complainant/ applicant issue release order
to the Incharge of concern Police Station and copy of the same be
placed in concern CR, for record purpose.
8 Issue release order accordingly.
Sd/
Dt. 27.03.2019 (S.C. Pathare),
Metropolitan Magistrate,
ask 65th Court, Andheri, Mumbai.
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