Where is the provision?
Arvind Singh Chauhan
(Querist) 26 April 2011
This query is : Resolved
Please seniors tell me where is the following provision.
1.if accused is released on bail by IO, we have to ask bail from court again, while the purpose of bail has been finished and investigation has been completed,now there is no chance of tampering proof and accused is present in court, obeying the order of court. Why we have to seek bail again from court ?. Allahabd HC held in one case that if IO has released on bail on same crime number, court should not ask fresh bail bonds.
2. After taking cognizance, Accused is summoned by court. But while appearing in court, court ask for surrender application. Why?
It has been a tradition or there is any provision? Please refer provision or apex court's citation reverting this, if it is only a tradition.
Kiran Kumar
(Expert) 26 April 2011
let me give you a bit more confusion...
find and read the following judgment
Siddhram Satlingappa Mhetre v/s State of Maharashtra
Criminal Appeal No. 2271 of 2010
decided on 02.12.2010
its a SC judgment
it is on anticipatory bail but you will more queries and more answers on Bail.
modassir nasim
(Expert) 27 April 2011
A very good question asked by Arvind Ji this is what i had asked i one of my queries "bail granted by police".
according to me question raised Arvind Ji i can say its a tradition that court ask for bail.
From law point police have power to grant bail in bailable as well as in non bailable case according to sec 436 and 437 crpc, of course with some condition provided in sec 437 crpc. There is no discrimination between police granting bail and court granting bail according to sec 436 and 437 crpc. Then why does the court ask for fresh bail application.
According to me court can do best is to ask fresh bail bond.
Arvind Ji please cote the citation of Allahabad cour which u r taking about.
PALNITKAR V.V.
(Expert) 27 April 2011
The case of Siddharam Mhetre quoted by Shri. Kiran Kumar answers all the queries raised by Shri. Arvind. It is really a very good judgment. One should really read judgment given in Gurbaksh Sing Sibbia's case.
Kiran Kumar
(Expert) 27 April 2011
the judgment is really good, worth to be discussed.
Guest
(Expert) 27 April 2011
Dear Kiran,
Had you attached a soft copy of the judgment I could also have benefitted to enhance my knowledge by reading the same.
Arvind Singh Chauhan
(Querist) 28 April 2011
During investigation I.O. released on furnishing the personal bond- Hence magistrate shouldn't ask her to apply for bail- at most she may be asked for furnishing a fresh bail bond for her appearance for future dates.-Smt Radha Devi V/S State Of U.P. & Oth- Prayag Nernay Prakashika (Criminal)-2002- All-LK.H.C.-714
