Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Saptarshi Paul (Advocate)     25 September 2011

Bail of one state can valid for other state

One Car was recovered in Assam, and after investigation it was found that car was stolen one. Police had registered a case U/s 411 and Mr X was arrested and now he is on bail (for IPC u/s 411 case)

The original owner of the car was from Jharkhand , a FIR was also registered in Jharkhand U/s 379 IPC,  the Jharkhand police came to Assam with a arrest warrant  for offe3nce u/s 379 against Mr X who was previously on bail.

Now tell can the Jharkhad police can arrest Mr X with the help of Assam Police as he is already in bail but he had not taken any bail from Jharkhand.

 

 



Learning

 6 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     25 September 2011

Yes, it can, if they know who the thief was and claim the accused to be thief.

 

If it was a case of recovery of stolen property, no.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Saurabh..V (Law Consultant)     25 September 2011

@Author

 

In my view, the person cannot be arrested in this case as trial would be held for same offence at one place only. The trial may get segregated based on police FIR however the offence due to which a case was registered under S.411 IPC would not allow arrest of the person for the same offence.

 

This would amount to "Double Jeopardy". If police registers FIR in 5 different states for same offence, it doesnt mean the person will have to run door to door. On the contrary the police shall be required to take permission from the local court to proceed to arrest the person for completing the Investigation.

 

//Regards

/Saurabh..V

Jatin Sapra 9312223345,Delhi (Advocate)     26 September 2011

Hello, Here you may find difference in opinion in experts advicing you .First thing Jkd police having a warrant under 379 IPC ,accused was on bail in 411 IPC so question of non arrest will not even arise,second jeopardy  will be decided anly aftercommencement of trial we are here only on the point of bail.

Regards

Saurabh..V (Law Consultant)     26 September 2011

@Jatin Doctrine of 'Double Jeopardy' shall come into play as soon as a FIR is registered against a person. Even if two trials go on, then punishment can be given only by one of the court. But can two courts hold trial for same offence and against same accused? My knowledge says ''NO''. No one can be arrested twice for same offence. And once released on bail, no arrest can legally take effect and if it does, it shall be deemed as illegal. Police may use coersive powers to harrass the accused and may arrest again, but the local court excersing its jurisdiction shall be obliged with the already granted bail. Such arrest has to be termed illegal and unconstitutional under Art.21 of Constitution Of India. //peace /Saurabh..V

uday uday rana (others)     26 September 2011

both the cases may be clubbed together and should be tired at one place either in Assam or in Jharkhand........since he had already taken bail in the local court.....the local court may direct him to appear in another court and seek necessary order.............he can also move supremecourt for bring both the cases be tied by the same judge................since he cannot be convicted for the same offence twice..............one of the case needs to be transferred to another in order to try it together......since the issue are common  in both

uday uday rana (others)     26 September 2011

Originally posted by :uday
"    

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query