Hi Ma'm/Sir, There was gold robbery in our house April 2015. Lodged FIR with section 380/454. Finally the police has find the lost gold item. Police asked to file petition in the magistrate court. Police has sent the gold weight to court. Now court is asking some govt officer surety or to deposit 60,000 surety amount . As per the lawyer I talked here, he said we will get back this surety amount back on the closure of court case. Could you please let me the actual process for release?
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1) you can make application to court for release of your gold ornaments
2) court would permit release o n execution of bond or such terms as court deems fit
3) you have to produce gold at time of trial
4) surety amount would be released on closure of the case
1. The process begins by filing a motion to the court to release the recovered items. The courts insist on the production of a surety or deposit of equivalent amount to ensure that the released item is not pocketed by a person who is not the lawful owner thereof.
2. It is better to deposit the amount than to bring a surety as the deposited amount will be released when the case is decided by the court.
Is there any other way to release the recovered item like depositing land/house paper as surety . Also In case if we deposit the amount in whose name it should be deposited,will it be in form of cheque ? What is the procedure for getting deposit amount back. Do we need to file another petition for getting this amount back . What is the procedure for getting the case close and usually how much time it takes?
1) In your case court has directed you to give cash surety of to 60000.
2) You should not offer to deposit your original title deeds of the house as surety
3)you can make cash deposit in favour of registrar of the court
4) on closure of the case it won't take much time on release of surety amount
Hi, for releasing the gold you have to file an application before the magistrate.
2. You can give DD to the court for security amount later with the permission of the magistrate you have to get back the money.
1. The court can also release the recovered item by ordering you to deposit the sale deed of an unencumbered immovable property or the RC of an unencumbered vehicle owned by you.
2. The amount can be deposited in cash and a receipt obtained from the court cashier.
3. To get the amount back after the culmination of the case you have to file an official request to the court which may be allowed within 10 minutes.
4. The case will draw to an end when the court pronounces the judgment. You are not summoned as an accused, so there is nothing you can do to close the case. It is entirely between the public prosecutor and defence.
If the court has ordered for a surety amount of Rs. 60,000/- to be deposited, what is your problem in it, yes the amount will be returned after the case is disposed.
Your subsequent questions have no meaning at all because you are asking about the court procedures which you will come to know once you are there in the court. Certain laid procedures are to be complied with properly without questioning the authority about its validity. In the order passed for deposit of security amount, the court would have specified the mode of deposit either by case or cheque and in whose name etc, the clerk who is meant for this purpose will properly explain the procedures and answer all your questions.
