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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 the command of the Legislature in proviso(a) is that the … Continue reading 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 bail: i. The nature and gravity of the accusation and … Continue reading 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 be appointed by the Government with the concurrence of the … Continue reading 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 Criminal Procedure. In our opinion, in these circumstances, there is … Continue reading 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. Despite such opportunity being granted to public prosecutor, in case … Continue reading 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 expiry of 90/60 days, as the case may be the … Continue reading An order for release on bail under proviso (a) to Section 167(2) may appropriately be termed as an order-on-default.

Distinction between bail and suspension of sentence

In Anil Ari Versus State of WEST BENGAL [AIR 2009 SC 1564 ] There is a distinction between bail and suspension of sentence. One of the essential ingredients of Section 389 is the requirement for the appellate Court to record reasons in writing for ordering suspension of execution of the sentence or order appealed. If he is in confinement, the said court can direct that he be released … Continue reading Distinction between bail and suspension of sentence

Distinction between application for cancellation of bail and appeal preferred against order granting bail

KEYWORDS:- CANCELLATION OF BAIL In Union of India Versus Hassan Ali Khan and Another[(2011) 11 SCALE 302] “Section 439(2) Code of Criminal Procedure are concerned, we cannot ignore the distinction between an application for cancellation of bail and an appeal preferred against an order granting bail. The two stand on different footings. While the ground for cancellation of bail would relate to post-bail incidents, indicating misuse of the … Continue reading Distinction between application for cancellation of bail and appeal preferred against order granting bail