Final Order 1

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ORDER BELOW NOTICE BEARING NO.1445/N/18
IN CR.NO. 329/2018 OF VILEPARLE POLICE STATION, MUMBAI.
Abhishek Girish Bhai Rathod ...... Applicant.
V/s
The state of Maharashtra Through
Vileparle Police station, Mumbai. ...... Respondent
O R D E R
(Dated 22/11/2018)
The applicant is seeking custody of vehicle i.e Honda
activa 5G (described in the application).
The applicant submitted that police has seized above said
property. Now the above said property is lying in the police station, and
therefore, he is seeking custody.
The Investigating Officer and Ld APP filed the say and they
strongly opposed the application.
The applicant has filed application along with supporting
affidavit etc. He has also filed xerox copies of RC book etc. I do not
find any justifiable reason to reject the application.
So far as objections are concern, necessary condition can be
imposed on the applicant in that regard. Therefore I proceed to pass
the following interim order in the interest of justice :
ORDER
1 Application is allowed.
2 The applicant shall execute an indemnity Bond of Rs.80,000/
and shall undertake that no modification, alteration, or any change
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shall be made in the above described property till the final disposal of
the main case.
3. The applicant shall furnish photo identity and 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 applicant.
7 On compliance by the 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 The applicant/accused shall not use said vehicle for any crime.
9 Issue release order accordingly.
Sd/
Dt. 22.11.2018 (S.C. Pathare),
Metropolitan Magistrate,
65th Court, Andheri, Mumbai.
ask
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