Gods Vanity (Assistant Manager) 14 June 2014

Bail cancellation under cr.pc 439???

https://indiatoday.intoday.in/story/law-student-molested-thrashed-in-delhi/1/365481.html

1.) When incident happened, the person was not known to me, all i noted down was The number of that car with Tinted Black Glasses and Color of the CAR.

2) 100 number that day and folowing day was not operational due to technical Fault

3) from 30 May 2014 till 2nd May 2014, Police was busy deciding Jurisdication,

4) I was Constantly chasing through 181 and 181 Team chasing Police about status,

5) At the time of Registraton of FIR Accused was unknown to me and to police as well,(or does court expect any one to Stop the offender and ask , BHAI apna naam bta de , FIR mein likhungi....Come on

6) After FIR registration, accused was arrested and was identified through identification parade, along with CAR.

7) Arguement on Bail application was U/S 354, but bail is granted on grounds of something which was not even questioned by Honorable court.

8) Further respondent added a charge 354 from 2 days after bail order was granted??? Shocking

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5 Replies

Rajamohit Bucha (Advocate) 14 June 2014

you can file petition under section 482 cr.p.c I.e. Inherent powers of court for cancellation of bail...

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 15 June 2014

A bare look at this provision would show that while exercising such inherent powers, the High Court must be

satisfied that either:-

(i) An order passed under the Code would be rendered ineffective; or

(ii) The process of any court would be abused; or

(iii) The ends of justice would not be secured

Aashish George (lawyer) 15 June 2014

my seniors above have given you one of the ways in which you can get justice through high court, i on the other hand have a different approach, bail cancellation is one of the right ways to go. exhaust that road 1st and then you can use 482 crpc.

this incident clearly shows that police is incapable of performing their duties properly, the law student should have ensure that police should have invoked proper sections under which the investigation needed to be done. all is not lost, if the law student maintains her stand and does not break in cross examination, justice will be swift (but delayed).

Gods Vanity (Assistant Manager) 16 June 2014

Thanks Ashish Sir and Ramachary Sir.

I am failed to understand when there was arguement on Bail Order, There were approx group of 10 Lawyer stood. and One of them Mentioned The accused has 5 Uncle's those who are Lawyer and one of them is Secretary of Bar Council.

Am i getting hints ? or its just I am thinking too much?!