N.K.Assumi (Advocate) 03 June 2009

Procedres against the Bail Order of Session Judge:

What procedures should the prosecutor take when he is aggrieved by the bail Order of the Session Judge granting bail to the accused?

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4 Replies

Gopal Krishna Behera (Advocate Orissa High Court Cuttack.) 04 June 2009

The aggrieved prosecution should fila CRLMA, an application under U /Sec.439 (2) of the Code of Criminal Procedure, 1973 read with U/Sec.482 of the said Code for cancellation of bai and for seeking for a direction for arrest of the person who has been released on bail and to commit him to custody

N.K.Assumi (Advocate) 04 June 2009

Can the complainant file CRLMA in the High Court?

Swami Sadashiva Brahmendra Sar (Nil) 05 June 2009

yes, a complainant can file an application for cancellation of bail.

Gopal Krishna Behera (Advocate Orissa High Court Cuttack.) 06 June 2009

Informant - F.I.R. - P.S.Case - G.R.Case

Prosecution & Accused.

Accused on Bail.

Either the Informant or the Victim can file an application for cancellation of bail.

But as it is the case of prosecution and the accused, So the informant / victim can assist the prosecution. Where the prosecution is silence then the informan or victim can.