Final Order 1

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ORDER BELOW NOTICE BEARING NO.1616/N/18
IN C.R.NO. 324/2018 OF VILEPARLE POLICE STATION, MUMBAI.
Bharat S/o Nanjibhai Vaghera ...... Applicant.
V/s
The state of Maharashtra Through
Vileparle Police station, Mumbai. ...... Respondent
O R D E R
(Dated 11/12/2018)
The applicant seeking custody of J.C.B. (Excatator)
registration No. MH 04 B 9344 (described in para 1 of the application).
The applicant submitted that police has seized above said
property. Now the said vehicle is lying in the police station, and
therefore, he is seeking custody.
The Investigating Officer and Ld APP has also filed say and
strongly opposed the application.
The applicant has filed affidavit along with supporting
documents viz xerox copy of RC book etc. I do not find any justifiable
reason to reject the application. Therefore I proceed to pass the
following order.
ORDER
1 Application is allowed.
2 The applicant shall execute an indemnity Bond of Rs.12,00,000/
and shall undertake that no modification, alteration, or any change
shall be made in the above described property till the final disposal of
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the main case.
3. The applicant shall furnish her 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 temporary
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 concerned CR for record purpose.
8. Applicant shall not use said vehicle for commission of such
offences henceforth.
9 Issue release order accordingly.
Sd/
(S.C. Pathare),
Metropolitan Magistrate,
65th Court, Andheri, Mumbai.
Dt. 11.12.2018
ask
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