Section 420,406,182,511/
pooja
(Querist) 10 July 2016
This query is : Resolved
hi..my husband who is a gold smith received some gold from a party but lost it while traveling. Now to buy some time from them he launched a fake FIR that his gold was looted while coming bk home.
Police caught him that he was lying and that there was no loot that happened.Now his bail has been denied by the session court under section 420 n others above ....police gt him to sign ,while he was in custody that he did this to fraud against the party and not pay his money,which is nt true.He is a poor guy stuck in his own situation.he has no family to support except me..plz suggest as to how can we get him out on bail...urgent.the nhearing is on monday
Sudhir Kumar, Advocate
(Expert) 10 July 2016
He is taking gold of someone and giving a false complaint of robbery. So police instead of catching imaginary robber has caught him.
In this situation why anyone and everyone shall not believe that he intended nothing else but fraud and fraud only.
why it is 420 alone 406 should also have been filed besides some more (bailable) section.
What prevented him from making true complaint of loss.
Now you are saying he has no money or support. Had he been a genuine case he could have expected some help from Legal aid cell of the court.
If no challan is filed by police in 90 days then he can expect bail.
Devajyoti Barman
(Expert) 10 July 2016
Talk to the person whose gold he lost.
If he agrees then make him give his consent to grant bail to your husband provided you make good his loss.
Else you have to wait at least 2-3 months beofre he is enlarged on bail.
pooja
(Querist) 10 July 2016
we need him to be out on bail atleast..yes he lied,but is not a criminal.he lied to buy time from the people from other party...he even spoke to them that he will return their money in bits ....plz suggest the way to get him out on bail
Kumar Doab
(Expert) 10 July 2016
The experts have suggested as above.
Engage a very able counsel at your location.
Rajendra K Goyal
(Expert) 10 July 2016
Discuss with some senior local lawyer and try bail from High court.
R.K Nanda
(Expert) 10 July 2016
Nothing to add.
Dr J C Vashista
(Expert) 11 July 2016
Let him suffer for faking loot
No case is made u/s 420/406/511 IPC as alleged, what is the opinion/advise of your lawyer. You may consult another senior local lawyer .
Sudhir Kumar, Advocate
(Expert) 11 July 2016
case is certainly there for 420.
He has feigned a robbery of someone else's property while robbery was not there. His sole intention was either to usurp the jwellery or (as told by her) to mislead the owner of property so as to induce to give him some more time.
Section (415/420 refers)
406
he has custody of someone else's property and in a bid to usurp the same made a false story of robbery while robbery was not there.
He has attempted these offenses so 511 will apply
Sudhir Kumar, Advocate
(Expert) 11 July 2016
"yes he lied,but is not a criminal.he lied to buy time from the people from other party"
what else do you think is criminal intention.
Sudhir Kumar, Advocate
(Expert) 11 July 2016
".he even spoke to them that he will return their money in bits"
why they should at all believe him. He has already attempted embesslement.
Kumar Doab
(Expert) 11 July 2016
Engage a very able counsel at your location.
Sudhir Kumar, Advocate
(Expert) 11 July 2016
".he even spoke to them that he will return their money in bits"
he has embezzled (which you call lost and which he reported as robbed) and will return money.
He lost = Gold
He will return = cash
When = he will unilaterally
decide the number of installment
= he will unilaterally
decide the frequency of
installment
how much = he will unilaterally decide
the amount of installment.
So he will return only todays' value in small bits that to in years.
So as far as customer is concerned he is not getting anything even if he keeps his promise.
Are they fools who will accept this.
So he will not be giving the appreciation in gold price over the years.
Sudhir Kumar, Advocate
(Expert) 11 July 2016
further why on earth anyone should believe that a person is goldsmith and he lost gold.
