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 […]
Pocso Act 2012 S 31. Application of Code of Criminal Procedure, 1973 to proceedings before a Special Court: Save as otherwise provided in this Act, the provisions of the Code of Criminal […]
Discharge of person apprehended No person who has been arrested by a police officer shall be discharged except on his own bond, or on bail, or under the special order of a […]
This revisional application is hereby disposed of directing the learned Court below to accept a deposit of Rs. 10,000/- as cash by a local person submitting valid documents of his local residence. On depositing of said cash by local person as stated above, learned Court below should accept the same as a valid local surety as per rule.
There is a system of granting bail by the police. It is called ‘Station bail’. In a bailable offence under section 436 Cr.P.C., the police is bound to release the accused on […]
Court cannot demand production of property documents from the accused, surety. Nowhere in Section 436 or 437 or 439 or 438 Cr.P.C. or in Form No.45 appended to Schedule II to the Code of Criminal Procedure, 1973, production of property document, title deeds, etc. either by surety or by the accused has been contemplated.
Bail, in English Common law, is the freeing or setting at liberty of one arrested or imprisoned upon any action, either civil or criminal, on surety taken for his appearance on a […]
Since the expression “custody” though used in various provisions of the Code, including Section 439, has not been defined in the Code, it has to be understood in the setting in which it is used and the provisions contained in Section 437 which relate to jurisdiction of the Magistrate to release an accused on bail under certain circumstances which can be characterised as “in custody” in a generic sense. The expression “custody” as used in Section 439, must be taken to be a compendious expression referring to the events on the happening of which the Magistrate can entertain a bail petition of an accused. Section 437 envisages, inter alia, that the Magistrate may release an accused on bail, if such accused appears before the Magistrate. There cannot be any doubt that such appearance before the Magistrate must be physical appearance and the consequential surrender to the jurisdiction of the Court of the Magistrate.
06-12-1989-N.D.P.S. Act is a special Act dealing with special class of crimes which is an international menace. Therefore the Legislature in its wisdom has enacted certain special provisions affecting the powers of […]
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 […]
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 […]
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 […]
KEYWORDS:-BAIL In deciding BAIL applications an important factor which should certainly be taken into consideration by the court is the delay in concluding the trial. (2011) 13 SCALE 107 (SUPREME COURT OF […]
KEYWORDS:- anticipatory bail- AIR 1980 SC 1632 : (1980) 3 SCR 383 : (1980) 2 SCC 565 : (1980) CriLJ SC 1125 (SUPREME COURT OF INDIA) Gurbaksh Singh Sibbia Appellant Versus The State […]
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 […]