Final Order 1

Order Details: Original bank memo
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
36th COURT MUMBAI CENTRAL, MUMBAI.
C. C. NO. :- 365/MISC./2019.
C. R. NO. :- 1737/2019.
Railway Police Station :- Mumbai Central.
Rupali Janardhan Bhagat. …. Applicant.
V/s.
The Sr. Inspector of Police,
(Railway Police Station, Mumbai Central, Mumbai) .... Respondent.
ORDER BELOW EXH.-1
The applicant viz. Rupali Janardhan Bhagat has filed
application for releasing mobile handset of JIO Company, Black colour,
I.M.E.I. No. 911588457653519. The Investigating Officer, gave no
objection for handing over the seized mobile handset in favour of the
applicant. Ld. A.P.P. submitted that the mobile handset will require for
identification during the trial. It is prayed that, necessary order be
passed.
2] Heard both sides.
3] During the investigation mobile handset is recovered. It
also appears that, as per the report lodged by present applicant, a crime
bearing No.1737/2019, punishable under section 392, 382 of Indian
Penal Code r/w. 150 (1)(e) of Indian Railway Act, is registered against
accused Raju Varadraj Tewar, at police station, Mumbai Central,
Mumbai. In support of application applicant placed on record copies of
her Aadhar Card, F. I. R., her own affidavit. Applicant also placed on
record her affidavit stating that she is unable to produce purchase bill of
said mobile, as it is lost. No purpose would be served by keeping the
mobile handset at police station itself. Applicant is entitled for getting
custody of mobile handset. Therefore, the order :
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ORDER
1] The seized mobile handset of JIO Company, Black
colour, I.M.E.I. No. 911588457653519 be given to
the applicant viz. Rupali Janardhan Bhagat, R/o.-
Room No.103, Silver Dunes Apartment, Hatiskar
Buwa Marg, Sonapur Lane, Prabhadevi, Mumbai
400 025 on indemnity Bond of I02,000/- (Two
Thousand), which is to be executed before
Investigating Officer of Railway Police Station,
Mumbai Central, Mumbai, on following condition :
(a) The applicant shall produce the mobile handset, as
and when required.
(b) The applicant shall not transfer or alienate the
seized mobile handset and shall not change it’s
nature, till the decision of the main case.
2] The Investigating Officer shall furnish the
Indemnity Bond alongwith the final report /
chargesheet, in this Court.
3] This proceeding be kept with the remand papers of
C. R. No.1737/2019 of Railway Police Station,
Mumbai Central, Mumbai for merging the same in
the main case after filing the chargesheet, if any.
Date : 21/12/2019.
SRD.
Sd/-
(G. P. Bawaskar)
Metropolitan Magistrate,
36th Court, Mumbai Central,
Mumbai.
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