return of property - reduce bank guarantee

794 votes

I can guide you that under what provisions a Judge can pass the Order. However, I wish to understand facts of the case first and complexities involved in the case before guiding you anything. This will be the correct approach for your own welfare

Advocate Pankaj Bajaj LawRato

730 votes

Try section 451 of CrPC.. if you are treating your application as a fresh application in a sessions court where your current case is going. if you are treating the application as a challenge to earlier Magistrate's order then file under section 397 (Revision) CrPC.

Advocate Aakash Raghani LawRato

519 votes

In your case, the police had seized the gold about three years ago during the investigation of the murder case. Later, the Magistrate passed an order for release of the gold, but imposed a condition that you must furnish a bank guarantee of ₹10 lakhs. Since no revision was filed against that order at the proper time, the order has remained. Now, as the trial is already pending before the Sessions Court, you have filed a fresh application for release of the gold without such heavy condition. The Judge is asking under what provision he can entertain this request. The answer is that the Court has full power under Section 451 of the Code of Criminal Procedure (CrPC) to pass orders for interim custody of property during the pendency of trial. The Sessions Court also has revisional powers under Section 397 CrPC to modify or set aside the condition earlier imposed by the Magistrate, if it appears to be unjust or excessive. In simple words, you can tell the Court: “This application is under Section 451 CrPC for interim custody, and in the alternative may be treated as revision under Section 397 CrPC.”

Advocate Omkar Mahesh Tak LawRato