Rapist Bishop Mulakkal got bail from Kerala High Court

15.10.2018-Justice Raja Vijayaraghavan of the Kerala High Court on Monday granted bail [Bail Appl./6927/2018-BISHOP DR. FRANCO MULAKKAL Versus STATE OF KERALA] to Roman Catholic Bishop Franco Mulakkal, arrested over allegations of repeatedly raping and sexually assaulting a nun. While granting Bail condition imposed to the accused Bishop to surrender his passport and not to enter Kerala state… Read More Rapist Bishop Mulakkal got bail from Kerala High Court

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.… Read More Court should not impose excessive condition for granting bail

Under S. 167(2) of Cr.P.C accused person is entitled to be released on bail if investigation is not completed within sixty days.

The Provision is Mandatory. In Natabar Parida v. State of Orissa, AIR 1975 SC 1465, the Court explained the mandatory character of the requirement of the proviso to S. 167(2) that an accused person is entitled to be released on bail if the investigation is not completed within sixty days. The Court said: “But then… Read More Under S. 167(2) of Cr.P.C accused person is entitled to be released on bail if investigation is not completed within sixty days.

What are the factors and parameters to be considered while dealing with the anticipatory bail

The Supreme Court has cautioned in the case of Pokar Ram v. State of Rajasthan that since anticipatory bail intrudes the sphere of investigation of crime some very compelling circumstances have to be made out for granting anticipatory bail in serious offences. The Supreme Court has recommended the following factors and parameters to be considered while dealing with the anticipatory… Read More What are the factors and parameters to be considered while dealing with the anticipatory bail

CONSTITUTION OF SPECIAL COURT- COGNISANCE AND BAIL UNDER NDPS ACT 1985

36. Constitution of Special Courts— (1)The Government may, for the purpose of providing speedy trial of the offences under this Act, by notification in the Official Gazette, constitute as many Special Courts as may be necessary for such area or areas as may be specified in the notification. (2)A Special Court shall consist of a single Judge who shall… Read More CONSTITUTION OF SPECIAL COURT- COGNISANCE AND BAIL UNDER NDPS ACT 1985

BAIL REJECTED

No case has been made out by the Petitioners to grant anticipatory bail. We have heard the learned Advocates for the parties and have considered the case diary. The victim died in the matrimonial home within eight months of her marriage. The Petitioners have been implicated in the statements recorded under section 161 of the Code of… Read More BAIL REJECTED

In case of post conviction bail under Section 389, Cr.P.C, it is mandatory that appellate Court gives an opportunity to public prosecutor for showing cause in writing against such release. 

Cr.P.C. S.389: Suspension of sentence and release on bail. Appellate Court may even without hearing public prosecutor, decline to grant bail. However, in case appellate Court is inclined to consider release of convict on bail, public prosecutor shall be granted opportunity to show cause in writing as to why appellant be not released on bail.… Read More In case of post conviction bail under Section 389, Cr.P.C, it is mandatory that appellate Court gives an opportunity to public prosecutor for showing cause in writing against such release. 

An order for release on bail under proviso (a) to Section 167(2) may appropriately be termed as an order-on-default.

Cr.P.C. S.167(2) Proper Order:  Indeed, it is a release on bail on the default of the prosecution in filing charge-sheet within the prescribed period. The right to bail under Section 167(2) proviso (a) thereto is absolute. It is a legislative command and not court’s discretion. If the investigating agency fails to file charge-sheet before the… Read More An order for release on bail under proviso (a) to Section 167(2) may appropriately be termed as an order-on-default.