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 […]
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.
PRAJESH SHANTILAL VAGHANI Vs. THE INTELLIGENCE OFFICER, NARCOTICS CONTROL BUREAU AND ANOTHER BOMBAY
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 […]