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Robbery of mobile found in friend's shop how to get it solved


30-Jun-2023 (In Criminal Law)
The friend has been falsely accused of charges under sections 392,506 read with sec 34. The robbery was done when complainant was roaming on the street and some people came and snatch away the mobile and ran away. Then due course of investigation, my friend had the possession of mobile because he owns a mobile shop and somebody has sold him the same mobile. He is in judicial custody for this matter since last 11days and sessions court has rejected the bail application. Now the appeal has been made in High court and what are the chances of getting bail in High court. What time it would consume? Also, complainant was magistrate' steno. Can this affect the case futher?
Answers (3)

Answer #1
788 votes
Session court would surely not let you grant bail in this matter. However, before High Court you have a case for bail. This is irrelevant that at what position the complainant is. You need to consult any high court advocate for the same. Only after looking at the order and other papers, I can come to any conclusion.
Answer #2
821 votes
According to your facts and circumstances it should not be case of robbery against your friend infact it should be a case of receipt of stolen property, I am trying to say that if the stolen mobile recovered from the shop of your friend then police should registered the FIR under section 411 and not under section 392 if which fact you have mentioined here in your enquiry ditto available in the FIR definitely in your case police registered the FIR in wrong provision, I'm sure that in the FIR story would be different but if you have taken such tipe defence in your case then I would like to clear that if the person to whom stolen property has been recovered is a shopkeeper as in your case shouldn't be punished under the provision of 411of IPC for receiving stolen property if he had no knowledge about the property becouse Section 411 deals with the receipt of stolen property. As per Section 410, “property, the possession where of has been transferred by theft, or by extortion, or by robbery, and property which has been criminally misappropriated or in respect of which criminal breach of trust has been committed, is designated as ‘stolen property’.”

And section 411 says that "Whoever dishonestly receives or retains any stolen property, knowing or having reason to believe the same to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.". So if the person has no reason to believe that property to be stolen property then he will not liable for punishment only he will have to return to his original owner.


I will advise you that you take the defence as you indicated in your inquiry and I explain above that your friend had no knowledge about the property and he has no reason to believe that the property was stolen property, if you will take such tipe defence definitely you will be granted bail from the Hon'ble High Court and further more this defence will help you to face trial also.

I hope this advice will help you to understand and face the problem.
Answer #3
585 votes
The fact that the complainant is magistrate's steno shall not affect the case if the case is faught well. As the mobile was found in the possession of accused, chances of getting bail is low. Yet we may try to convince the hon'ble high court that the accused was falsely implicated and that if bail granted he will not try to affect the case.

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