Need proper advise to recover my lost property of gold from thieves

510 votes

Since the accused persons have already obtained bail, sending them back to jail is not automatic. However, appropriate legal steps may be taken for cancellation of bail, further investigation, recovery of the stolen property, and for monitoring the case before the competent court.

Advocate Ravindra Anjaneyulu LawRato

865 votes

If police recovered your gold then you can file a property petition with the help of advocate and have it and check any charge sheet is filed and case is running is court , approach us we help you to punish those thief’s

Advocate Rajkiran Govindcar LawRato

740 votes

First, you must file a petition in court for the return of the property. Subsequently, once the police file a charge sheet and evidence is presented, if the case is proven, the accused will face imprisonment.

Advocate Katari Karunakar LawRato

578 votes

If the accused have already been arrested and released on bail, bail cannot be cancelled merely because the stolen property has not been recovered. However, if there is evidence of misuse of bail, threats, non-cooperation, tampering with evidence, or violation of bail conditions, you may seek cancellation of bail before the appropriate court. For recovery, you should follow up with the Investigating Officer and seek effective investigation/recovery. If the investigation has remained incomplete even after 3 years, you may approach the jurisdictional Magistrate/Court seeking appropriate directions. The possibility of recovering the property will depend on the evidence and present location of the property. For examining the FIR, charge sheet/final report, bail orders and recovery status, please visit our office with the case documents for further legal assistance.

Advocate Mrudhula Jahnavi LawRato

679 votes

Namaste Your case is not over merely because the accused got bail. Bail only means they need not remain in custody during trial. It is not an acquittal and the prosecution against them continues Two separate things need to be understood here. First is punishment which the trial court alone can give after trial. Second is recovery of your property which depends on whether the police actually seized it On the property if the police have recovered any part of it and it is lying in the malkhana or before the court you can file an application before the concerned Magistrate for interim custody of the property under Section 497 of the Bharatiya Nagarik Suraksha Sanhita which corresponds to the old Section 451 of the CrPC. Courts routinely release stolen property to the rightful owner on a bond and a photograph of the article since keeping goods idle in the malkhana serves no purpose. At the end of the trial the court can pass a final order of restoration under Section 503 of the BNSS which is the old Section 452 If nothing has been recovered at all then the real issue is the quality of the investigation. Three years is a long gap so please first find out whether a charge sheet has been filed and in which court the case is pending. If a charge sheet is filed you can move an application before that court pointing out that the property is still untraced and seek a direction to the investigating officer to complete recovery and file a supplementary report. If no charge sheet has been filed even now you can send a written representation to the Superintendent of Police or the Commissioner and if there is still no movement approach the High Court under Article 226 for a direction to complete the investigation in a time bound manner On sending them back to jail be practical. Bail can be cancelled under Section 483 of the BNSS which is the old Section 439 sub section 2 but only on specific grounds such as breach of bail conditions threatening witnesses tampering with evidence absconding or committing a fresh offence. Mere non recovery of your property is not by itself a ground for cancellation. If any of these things have actually happened tell your lawyer and a cancellation petition can be filed with proof One more practical point. You also have a civil remedy to recover the value of the stolen goods from the accused and limitation for such a suit is three years. Since three years have already passed since the theft please get this examined immediately by a lawyer before the right is lost. Also on conviction the trial court can order compensation to you under Section 395 of the BNSS which is the old Section 357 so make sure you appear and give evidence when summoned To advise you further I would need to know the FIR number and police station whether a charge sheet has been filed what exactly the stolen property is and whether any part of it was seized from the accused

Advocate Naresh Gaddapati LawRato