SUBRAMANIAM SAI NARAYANA (company secretary) 17 October 2011

Query on criminal law

In Section 353 of IPC case instead of giving Surety /gurantee by a person or if Rs.10000/ surety given is sufficient or will be court insist for surely by a person? Bail earlier given based on a person/s surety which was subsequently cancelled and Rs.10000/- surety is given during last hearing. If the accused is unable to give surely by a person during next hearing whetehr Rs.10000/ surety given is sufficient or court will insist for another person surety. What are the consequences? How to deal with this matter and the accused has now person to give surety now and hence given Rs.10000/- surety. How to proceed in the matter for convincing Magistrate to accept Rs.10000/- surety instead of personal surety. Is this at all possible. Learned members may give advices based on their practical experiences.

Are there instances wherein , in Section 353 only fines were imposed instead of imprisonment… as section says with fine or imprisonment or with both. Pls adv.

S.S.NARAYANAN

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4 Replies

atiq ahmed (law officer) 17 October 2011

3/25 arms act

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 17 October 2011

Dear Narayana

Section 353. Assault or criminal force to deter public servant from discharge of his duty

Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either descripttion for a term which may extend to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Non-Bailable—Triable by any Magistrate—Non-compoundable.

it is descitionery power of the court to accept seurty of money, or suerty of third person, or release on personal bond.

T. George Mathew (Advocate) 19 October 2011

Hi,

It dpends on the court,and nature of the crime.It is discretion of the court to order bail on the guarantee of a person as suerty or on money bond.Regarding punishment seriosness of crime committed is taken as a criteria.Here again court uses its discretionary powers

vasant kulkarni (DEPUTY CHIEF EXECUTIVE OFFICER) 19 October 2011

DURING STATUTORY AUDIT OF A COOP BANK, THE STATUTORY AUDITOR (C.A. APPOINTED BY MAHA GOVT) FOUND SOME ENTRIES WHICH WERE OF FRADULENT IN NATURE.THRERFORE HE FILED A SPECIAL REPORT( ABOUT THIS SUSPECTED FRAUD) TO COO PAERATIVE DEPT. OF MAHA .GOVT., ADVISING THE COOP DEPT. TO FILE AN FIR AGAINST THE BoD,CEO .

DUE TO LOCAL POLITICS,THE BANK ( SO CALLED WELLWISHERS) IS TRYING TO INFLUENCE THE COOP DEPT. NOT TO FILE FIR.BUT THE OTHER DISSATISFIED GROUP IS BENT UPON TO FILE FIR.SO FAR SO GOOD.

NOW THE CA IS BEING TARGETED AND THREATENED TO FILE THE FIR,WHICH APPEARS TO BE NOT LOGICA,.AS HE HAS FILED SPL REPORT TO CONCERNED DEPT. IT THE DUTY OF THAT DEPT. TO DO THE REST. THE POOR CA IS NOW BEING HARRESED.PL. ADVISE .