recovery of stolen property
my cousin bullet vehicle stolen one month ago. police find vehicle from thieves. now he want to get back vehicle through superdari. vehicle market value is 1 lakh rs. and 2 years old. kindly guide me about surety amount. can i gave my two motorcycle rc for surety bond. byke market value is of approx not more than 75000 rs. both m.c. is is accepted by the court or not
Sec.451 of the CrPC deals with recovery of property stolen, received or is being used as evidence in a case during the enquiry or for which the trial is pending or the trial has not been concluded. You can under this section acquire the custody and possession of the vehicle through the provision of Superdari, which is based on the surety bond. Surety may be cash or papers giving title to the property, thus the RC of your motorcycles may be taken as surety. The discretion to determine the amount that may be taken as surety whether in terms of cash or in your case the RC is dependent on the court, usually the court may ask for the surety equivalent to the market value of the vehicle which in this case is Rs. 1 lakh as stated by you but if it may deems fit it may allow a smaller portion as surety.
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