Below here is the case described...
On 1st June 2013 motorbike Hero Honda CBZ along with all papers was stolen from the roadside parking. The FIR was filled on the same day by evening. Final report from the police station was issued on 26th of June 2013. Insurance for the bike was received on 1st January 2014 (here it is important to mention that one gets insurance after RTO office acknowledges that the registered number no longer belongs to said so owner). Thus, the interaction of owner with all three parties (police, RTO office and insurance agency) can be concluded.
But here is a twist which comes as a bailable arrest warrant for owner on 8th August 2014. It was issued against a challan of the registered number dated 6th September 2013 (TWO MONTHS AFTER THEFT OF BIKE). This means that the either the thief or thief’s customer was using the bike arrogantly.
Now what are the options for the owner is it:
1. To apply for the bail?
a. In that case the owner will be prosecuted for forgery as insurance claim has already been cleared.
2. To pay challan penalty?
a. Again forgery case against the owner because this means he has the bike and he claimed insurance fraudulently.
3. To appeal in the court to prove the innocence?
But third one is tricky because it only clears the owner from this particular case. Please guide so that the owner can disconnect himself from the registered bike number completely so that in case of any misuse of the bike by anyone in future proves non involvement of the owner. Swift responses are appreciable because date of appearance before the court is 2nd September 2014.
Extra information:
1. In the report the vehicle mentioned against the registered number is a car (definitely court will consider it as typing or human error).
2. The driving license is not mentioned in the challan report.
General Queries:
1. Is there any access fee to be given to the record keeping clerks to access the charge sheet at their desk?
2. Also there is some clarification needed in matters of court that why a copy of offence charged against someone cannot be provided to the concerned person/party from the clerks desk in the records room?
