Criminal procedure

Bhawani Mahapatra (Querist) 02 April 2012 This query is : Resolved
Can a state release an accused/Under Trial Prisioner (who is accused of some offence trible of court of Sessions)without consent of the trial court ?? If so, pl. state the provision of Law ?

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Shonee Kapoor (Expert) 02 April 2012
Only for non-henious crimes, the state governments release prisoners who have spent half of their sentence on bond of the accused only.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

SAINATH DEVALLA (Expert) 02 April 2012
Dear Bhavaniji,

Accused and under trail prisioner belong to two different clasifications.An accused or an undertrail cannot be released by the state,without the trail completed.They can be released only on bail,if eligible.

Nadeem Qureshi (Expert) 02 April 2012
Dear Mr. Mahapatra
an accused(Undertrial) can not be released by state Govt. bail and parol is only the way.

Bhawani Mahapatra (Querist) 03 April 2012
Dear Experts
I agree with you all. But now my state govt.(Orissa) is going to release some maoists (involved in so manny unlawful activities including mass killing of innocent people) in order to release One Italian tourist & one MLA as per the negotiations. How this can be possible without violating the rule of law ?

DEFENSE ADVOCATE.-firmaction@g (Expert) 03 April 2012
State can release even under trials in public interest by just withdrawing the cases against them.

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