Final Order 1

Order Details: Order
Pdf Text: IN THE COURT OF THE METROPOLITAN MAGISTRATE'S
53rd COURT, MULUND, MUMBAI.
CASE NO. 144/N/2020
Firoz Faiyaz Khan … Applicant
V/s.
State of Maharashtra (Through P. S. Kanjurmarg) … Respondent
ORDER PASSED ON EX.1
1. This is an application for return of property. The core of
application is that, aforesaid applicant is owner of property i.e. motor
bike Honda Dio Scooty bearing no.MH03DM1907 having chasis
No.ME4JF39HMKW024929 & engine no. JF39EW0066765 which was
came to be stolen. Police recovered the same and at present it is lying
with police station.
2. The say of Ld.APP and I.O. is called upon this application.
Accordingly, they both gave no objection for return of property i.e.
motor bike Honda Dio Scooty bearing no.MH03DM1907 having
chasis No.ME4JF39HMKW024929 & engine no. JF39EW0066765.
3. The applicant has filed copies of R.C. Book, insurance
certificate, receipt of vehicle and FIR in support of his application.
Hence, from material on record it appears that, applicant is the sole
person claiming custody of vehicle and appears to be the registered
owner of property. In such circumstances, no proper ground to reject
the application. Accordingly, application needs to be allowed. Hence, I
proceed to pass following order.
O R D E R
1) Property i.e. motor bike Honda Dio Scooty bearing no.MH03
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DM1907 having chasis No.ME4JF39HMKW024929 & engine no.
JF39EW0066765 be handed over to the applicant Firoz Faiyaz Khan on
executing indemnity bond of Rs.30,000/ (Rupees Thirty Thousands
Only).
2) Applicant is directed to execute indemnity bond before police.
3) Property i.e. motor bike Honda Dio Scooty bearing no.MH03
DM1907 having chasis No.ME4JF39HMKW024929 & engine no.
JF39EW0066765 is returned on conditions that applicant shall not
alienate, transfer, disposeoff or change the nature of property till
disposal of case and produce the same before Court or police station
whenever called for trial.
Date : 05.10.2020 (S. A. Bajaj)
Metropolitan Magistrate,
53rd Court, Mulund, Mumbai.
Vvm/
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