prof s c pratihar (medical practitioner &legal studies) 07 October 2010

bail and bail bond

ld acjm alipore taken cognizanceus 206 420 409120B IPCagainst 11 govt officers holding criminal misconduct andcriminalconspiracy is not the part of duty of public officerand s.197 crpc is not requiredto be taken in this case.the said case has after that transferred to court of ld jm us192 croc.four of accused persons was IAS officers.ld jmafter taking steps us200 and 202 crpc ans issued summons us 204 crpc.accd appeared through their respective lawyers and applied for exemption us205 crpc.one appeared and prayed for bail and granted with bail bond of rs 2000.others without taking bail moved high court in criminal revision 401 and 482 crpc .matter pending in H C for last three yrs.kindly opine whether taking bail is must or not when ld jm directed to furnish bail bond of rs 2000 .each. thanks in advance.

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DEEPAK ASSOCIATES (08010117611) 08 October 2010

if there is stayed by High court then no need at this stage to the petitioners but others are required to take the bail at this stage.

It is suggested that if the bail has been granted then the opportunity should be availed.

Arun Kumar Bhagat (Advocate (criminal)) 09 October 2010

In absence of stay order all accused should make their appearance either personally or through their laywers. Personal Exemption should not be granted even without maiden appearance in warrant procedure case.

prof s c pratihar (medical practitioner &legal studies) 09 October 2010

no stay order now only 6 wks and extension of stay order expired long back.one wk back matter was in list .ld advocate started submission for the petitioner ,it was objected and brought to the notice of honble high court that even thoughld magistrate directed the accusedto take bail with bond of rs 2000., then ld advocate left court room with prayer that he will plead some other day.there is very fine margin for determination whethere a magistrate can grant exemptiomwithout granting bail first?to me it seems when summons issued in a warrent casehow the accd can avoid bail?does it mean they have moved for quasing of summons? is it permissible in law?me interested in this case but due to pausity of knowledge need expert openion. kindly do respond.dr pratihar