TMI Blog1999 (4) TMI 654X X X X Extracts X X X X X X X X Extracts X X X X ..... ortunate that for an offence punishable under Sections 323 294 506 II of the Indian Penal Code, and Section 3/4 of the Dowry Prohibition Act, the accused has to remain in jail, in absence of an order of bail, from 13-3-1999. The petitioner had moved this application for grant of bail as his application for release has been rejected by the learned Trial Judge and, thereafter, the application was rejected by the learned First Additional Sessions Judge on 17-3-1999. The repeat prayer has been rejected by the learned Additional Sessions Judge on 13-4-1999 simply on the ground that the earlier application was rejected on merits and there were no changed circumstances. The attention of the learned Judicial Magistrate and the Additional Sessions J ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... impute unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. The ingredients required to be stated in the first information report and to be proved during the course of the trial are that the accused threatened some persons with injury to his person, reputation or property, or to the person, reputation or property to another in whom that person is interested or threat was to cause death or grievous hurt etc. The intimidation must be extended with intention to cause alarm to that person. The first information report in the present case says that the complainant had contracted marriage of his daughter with Mohan Raikwar. The marriage was t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the offence under Section 506 II of the Indian Penal Code, is not made out. The police in our country may register any offence against any person less realising that whether the offence is 'prima facie' made or not, because they have been trained to do so, but it is expected of a Magistrate and specially of an Additional Sessions Judge who has at least 10 or more years experience as a Judge that in what case bail should and should not be granted. It is high time to remind the Judges of the Lower Judiciary that they are required to exercise the powers which they possess and not to refuse to exercise the powers, vested in them, just for one reason or the other. The learned Judge hearing the second petition does not lose his jur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed he cannot be awarded a sentence of more than 3 years. The court considering the application must again look into the facts, the nature of the allegation, character of the evidence collected and should also see whether the allegations made are making out a prima facie case against the accused or the allegations even on their face entitle the accused to bail. There may be cases where on the first occasion considering the totality of the circumstances the Judge may reject the bail but after filing of the Challan or after discharge of the complainant from the hospital or after recovery of certain articles or after collection of certain other evidence the accused may be in a position to persuade the Judge to admit him to bail. It is not possi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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