Feedback   New User   Login      
Tax Management India. Com TMI - Tax Management India. Com
Home Acts / Rules Notifications Circulars Tariff/ ITC HSN Forms Case Laws Manuals Short Notes Articles News Highlights
Extracts
Home List
← Previous Next →

Smt. Uganti Vs. State and Others

2014 (1) TMI 1813 - Rajasthan High Court, Jaipur

Application to grant bail under Section 437 (6) Cr.P.C. after sixty-days of the examination of first witness - Held that:- The Additional District & Sessions Judge, Gangapur City has granted bail to the accused respondent Nos.2 to 4 primarily on the ground that they are in custody in a case of magisterial trial from last 7/8 months, and prosecution having cited twenty-five witnesses had only examined one witness. - Delay in conclusion of the trial by the Magistrate in a magisterial trial ves .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

trial. - Article 21 of the Constitution of India grants personal liberty to the citizen. Furthermore, Magistrate of 1st Class can only award three-years sentence, therefore, accused cannot be kept behind the bars for an indefinite period as lateron, if accused is acquitted, nobody will be able to compensate the loss caused to the accused. - It is to be appreciated that the Court below has not granted bail on merit, therefore, has not observed anything contrary to the order passed by the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

for the petitioner Mr. Amit Poonia, Public Prosecutor for the State Mr. Rahil Kalam, Counsel for the respondents ORDER Reportable : Per Court : Instant application has been filed under Section 439 (2) Cr.P.C. praying interalia that the bail granted by the Court of Additional District & Sessions Judge, Gangapur City to the accused-respondent Nos.2 to 4, namely Bharat lal, Gopal and Hargyan, vide its impugned order dated 19.08.2013 may be cancelled, as the Additional District & Sessions J .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Single Bench of this Court on 20.02.2013 had declined his bail. Thereafter, Gopal had approached this Court by filing S.B. Criminal Miscellaneous Bail Application No.6474/2013 and the same was rejected, vide order dated 11.07.2013. It is further submitted by the learned counsel that Hargyan, vide S.B. Criminal Miscellaneous Bail Application No.4744/2013 Hargyan had approached this Court and his application was also rejected, along with the case of Gopal, accused-respondent No.3. Counsel appearin .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

a] by a Single Bench of this Court, clearly reveals that in that case after bail was rejected by this Court, then twenty-days after, bail was granted by the Court below. A further reliance has been placed upon the case of Akhilesh Kumar Singh Vs. State of U.P. Through DGC [CRI] and another, reported in 2008 (2) W.L.C. 229 to contend that the Additional District & Sessions Judge, Gangapur City could not grant bail to the respondent Nos.2 to 4. A perusal of above judgment clearly reveals that .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

tion of law an order passed under Sections 437(1) or (2) or 439 (1) it follows as a natural consequence that the said order can be cancelled under Subsection (5) of Section 437 or Sub-section (2) of Section 439 on considerations relevant for cancellation of an order thereunder. As stated in Raghubir Singh's case [AIR 1987 SC 149] the grounds for cancellation under Sections 437 (5) and 439 (2) are identical, namely, bail granted under Sections 437 (1) or (2) or 439 (1) can be cancelled where .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

of his surety, etc. These grounds are illustrative and not exhaustive. It must also be remembered that rejection of bail stands on one footing but cancellation of bail is a harsh order because it interferes with the liberty of the individual and hence it must not be lightly resorted to. We are, therefore, of the view that unless there are strong grounds for cancellation of the bail, the bail once granted cannot be cancelled on mere production of the charge-sheet. The view we are taking is consi .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

sight of the one vital aspect that grant of bail on merit and grant bail because of breach of Article 21 of the Constitution of India are entirely in different realm. It has been held by the Apex Court on numerous occasion that right speedy trial vests in the accused, therefore, where the Court is not able to conclude the trial at the earliest, accused cannot be kept behind the bars for a indefinite period. The criminal jurisprudence of this country recognize maxim bail is a rule, jail is an ex .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

s Judge, Gangapur City. The Additional District & Sessions Judge, Gangapur City has granted bail to the accused respondent Nos.2 to 4 primarily on the ground that they are in custody in a case of magisterial trial from last 7/8 months, and prosecution having cited twenty-five witnesses had only examined one witness. Delay in conclusion of the trial by the Magistrate in a magisterial trial vests right in the accused to seek bail. Legislature in its wisdom has enacted Section 437 (6) Cr.P.C. f .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

Forum
what is new what is new
  ↓     bird's eye view     ↓  


|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version