You will probably get bail from the high court although in 412 and 413 the max punishment is 10 years. Therefore explain all the details and facts to the lawyer. If you want any help in jaipur you may contact me.
IPC 411, 412, 413
Actually my Friend who purchased some stolen goods and police arrested him and he accepted that he has purchased the goods and he was involved in 4 previous cases in which he purchased the stolen items now and police charged him under ipc 411, 412 and 413when presented to the session court the court rejected the bail now his family is going for high court now tell me what are the chances that he will get bail from highcourt
Asked 4 years ago in Criminal Law
Religion: Hindu
18 Answers
If the stolen goods are recovered, he will be granted bail. If the stolen goods are not recovered, police can oppose his bail on the grounds goods are be recovered.
Is there any chance that jury may give him punishment
Asked 4 years ago
The punishment part comes much later. Now the issue is that of bail. His chances depend upon what has been stated in the FIR. Is he a habitual offender or not, etc.
Stolen goods were recovered from him and he accepted that he purchased them and the police sho charged him under section 413 and in the previous cases he got bail
Asked 4 years ago
He shouldn't have confessed that he knew that the goods were stolen. Anyways that testimony should not be accepted in court. He got bail in previous cases. That is ok. He will get bail.
No punishment at this stage.
Focus on Bail. Statement given to police is not admissible in court. Bail may grant as recovery competed.
what are the chances that he will get bail from highcourt - Can advise on examining Lower court order and copy of charge sheet. .
In the FIR the I.O. has written that my friend was the one who had broken the lock of the shop and then he robbed the goods from the shop . The I.O. actually was able to arrest only the person from whom my friend was buying goods and the actual thief was not caught and he also didn't mention that in Fir Now what are the grounds on which bail can be granted or why bail can't be granted
Asked 4 years ago
Now what are the grounds on which bail can be granted or why bail can't be granted - This can be advice only after documents review.
you should get bail from HC
You have not mentioned reasons why sessions court rejected your bail application
there is no jury system in india
he should be released on bail he did not steal the goods
If he has accepted the guilt then there is no way to appeal for his acquittal. He can only appeal for probation or sentence reduction
bail can be granted on grounds that you were only buyer of stolen goods and have not committed offence of theft
Your lawyer can very well put forth his argument strongly to obtain bail under this circumstance.
Allahabad High Court
Ziaul Haque And Another vs State Of U.P. on 20 May, 2020
can be cited as settled law.
The punishment is the last part of trial, i.e., after the case has been properly tried by court.
Habitually dealing in stolen property.—Whoever habitually receives or deals in property which he knows or has reason to believe to be stolen property, shall be punished with [imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Bail is a different subject to that of the trial proceedings.
The application for bail before high court has to be argued accordingly.
The IO's acts come only when the charge sheet is filed before the trial court.
413 IPC- Whoever habitually receives or deals in property which he knows or has reason to believe to be stolen property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
- 412- Whoever dishonestly receives or retains any stolen property, the possession whereof he knows or has reason to believe to have been transferred by the commission of dacoity, or dishonestly receives from a person, whom he knows or has reason to believe to belong or to have belonged to a gang of dacoits, property which he knows or has reason to believe to have been stolen, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
- Out of this two section 411 is bailable offence
- Since, recovery of stolen goods already taken place , then there is chances to get bail from High court is maximum.
- During the trail he can give evidence that the police has not arrested the main culprits , and on this ground he may prove him innocent , that he was not aware that the said items were stolen.
Dear Client,
Since all the charges pressed by the police are non-bailable, it is in the discretionary power of the court to grant bail. The court will grant bail only if it is satisfied that no prejudice will be caused to the prosecution in granting him bail. You will have to build a strong petition for your friend to get bail.
Thank you
Dear Client,
The victim against whom the false FIR has been lodged, can apply for Bail before the Sessions Court or the High Court under Section 438 of the Code of Criminal Procedure, 1973, before the arrest of the victim has been made. An application can also be filed by a person under Sec 482 of Crpc to the High court for getting the frivolous FIR filed against him quashed. Additionally, the victim against whom the false FIR has been lodged, can file a writ petition under Article 226 of the Constitution and can thus approach the High Court to quash such false FIR. If the High Court finds that grave injustice has been caused to the victim of the false FIR, then it can go for quashing of the same.
Thank you.