Day: September 12, 2018

In one 156(3) Cr.P.C case police shall not arrest the accused without taking permission from magistrate

06-12-2001-Criminal Procedure Code, 1973 (CrPC) – Section 156 – Arrest of accused – Permissibility – If the police, after preliminary investigation, discover some reliable evidence of the involvement of accused in the offence and if the police require his arrest for the purpose of investigation, it would be open to the police to place the facts and material before the Magistrate, who will consider whether arrest on those facts and material would be necessary for the purpose of investigation or not, and accordingly issue or refuse to issue warrant of arrest.


Court should not impose excessive condition for granting bail

Criminal Procedure Code, 1973 (CrPC) – Section 437 – Bail – Conditions for – Excessively onerous condition that accused should pay a huge sum of Rs. 2 lacs at stage of FIR – Accused failed to make the payment of said amount and languishing in jail endlessly – Not proper. Order passed by Metropolitan Magistrate imposing condition that accused should pay a huge sum of Rs. 2 lacs to be set at liberty, not proper. If he had paid it is a different matter. But the fact that he was not able to pay that amount and in default thereof he is to languish in jail for more than 10 months now, is sufficient indication that he was unable to make up the amount. Can he be detained in custody endlessly for his inability to pay the amount in the range of Rs. 2 lacs. If the cheques issued by his surety were dishonoured, the Court could perhaps have taken it as a ground to suggest to the payee of the cheques to resort to his legal remedies provided by law.