How bail application of different accused persons in same crime number of a Police Station will be listed before Hon’ble Court under the new scheme? Bail applications filed by different accused persons […]
Bail granted – In the matter of: Riday @ Hriday Ghosh @ Ridoy – The accused was not named in the first information report and as co-accused persons are on regular bail/anticipatory bail, we are inclined to grant bail to the petitioner.
COURT OF APPEAL (CRIMINAL DIVISION)-The states from whom extradition is sought will recognise that breach of bail is a separate matter in the UK. With an explanation of the way in which breach will be considered by the court and on the basis that punishing those who fail to answer bail is a necessary component of an effective criminal justice system which releases most of those charged with crime rather than requiring their detention in custody. In every case the consent of the state from which extradition is sought should unequivocally be requested with an explanation of why this is necessary. If, in those circumstances, criminal proceedings have to be commenced, it should not be impracticable to start such proceedings at the time that extradition is sought.
Grant of bail – The Appellant is facing trial for the offences punishable under Sections 147, 148, 149, 302, 404 and 341 of the Indian Penal Code. He has been in custody for more than six years. He had moved the High Court for grant of bail on an earlier occasion. However, by order the High Court rejected the bail application with the direction to the trial court to conclude the trial within a period of six months – The Court cannot permit the appellant to continue incarceration for a further period without the adjudication being finalized
Indian Penal Code, 1860 (IPC) — Sections 498A, 302 — Offence punishable under Sections 498(A), 302 of IPC — Petitioner shall not tamper with the witnesses or in any manner interfere with or put obstacle to the investigation — Breach of any one of the above conditions will entitle the prosecution to move this Court for cancellation of the bail granted
Indian Penal Code, 1860 (IPC) — Section 302 — Cancellation of bail granted — Petitioners having been unsuccessful in obtaining bail before jurisdictional Sessions Court are before the Court praying for being enlarged on bail — Petitioners shall not leave the jurisdiction of Sessions Court without express permission and they shall appear before Sessions Court on all the dates of hearing — If any such incident is reported prosecution is at liberty to move this Court for cancellation of bail granted
Cancellation of Bail — Petitioners before this Court for the purpose of getting bail that deceased for whose murder they have been convicted and sentenced to life imprisonment was still alive. The misrepresentation made by the petitioners is highly reprehensible — The bail granted to the petitioners is cancelled.
Indian Penal Code, 1860 (IPC) — Sections 147, 148, 307 — Cancelling the bail granted -Once the police had filed a charge sheet in the case, the Magistrate was not at all justified in entertaining any petition filed on behalf of the private complainant and that too acting upon it. behind the back of the accused and cancelling the bail granted to the petitioners-accused.
The functions of the judiciary and the Police are complementary, not overlapping. 78 CalWN 539 : (1974) 1 ILR(Calcutta) 535 CALCUTTA HIGH COURT DIVISION BENCH ( Before : Talukdar, J; A.N. Banerjee, […]
West Bengal Maintenance of Public Order Act, 1972 – “We hold that bail is neither prospective nor retrospective; neither anticipatory nor suspended; neither potential nor deferred; but by its , very nature is certainly kinetic, calling for expedition and taking effect immediately, from the point of. time when it is granted, subject only to the time taken for furnishing the requisite bonds and in accepting the same” – CHC
in our considered opinion, if both the Reports of ATS and NIA are considered conjointly, so far as the Appellant is concerned, it cannot be said that there are reasonable grounds for believing that accusation made against her are prima facie true. Once it is held so, then the benefit of bail cannot be withheld to the Appellant, even if the offences alleged against her by ATS are grave and serious one.
The age of prosecutrix is differently mentioned at different stages. In the statement under Section 164 Cr.P.C., her age is stated to be about 17 years, whereas in the FIR her age […]