Required case law anticipatory bail despite repeated orders case diary not submitted by police

Ravikant Soni (Querist) 25 August 2012 This query is : Resolved
Sir,
In a matter anticipatory bail before session's judge despite of repeated orders the police not submitting the case diary.

If there any case law pertaining to the issue in favor of applicant accused.

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venkatesh Rao (Expert) 25 August 2012
dear sir,
as of my knowledge, non production of case dairy by itself will not be a ground for grant of bail, nor the court can draw adverse inference. It can be somewhat advantageous to the accused. The court may proceed to pass orders on the available records making a note in the order sheet that the case dairy has not been produced in spite of several chances.

Devajyoti Barman (Expert) 26 August 2012
The court can personally summon the IO or even the SP to explain the delay of doing this.
In WB, the high court few months back summoned the Commissioner of Police to personally explain why ws there a delay of one day in sending the CD.

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