HI, FRIENDS, HAPPY NEW YEAR TO ALL.
A DEFACTO-COMPLAINANT IN A 498-A, 406 IPC CASE WANTS TO BE REPRESENTED BY HER ADVOCATE AT THE PRESENT STAGE OF BAIL. ALL WHAT SHE WANTS IS THAT THE ACCUSED IS EMPLOYED ABROAD AND IF HE IS RELEASED ON BAIL HE WOULD FLY OUT AND NOT RETURN FOR AT LEAST NEXT FIVE YEARS. IN THAT CASE SHE WOULD BE FRUSTRATED WITHOUT ANY OUT COME OF THE CASE AND ALSO SHE WANTS TO SETTLE ABOUT THE MAINTENANCE QUESTION. UNDER THE CIRCUMSTANCES WHAT THE DEFACTO COMPLAINANT WANTS IS THAT THE WHILE ENLRGING THE ACCUSED THE COURT SHOULD IMPOSE A CONDITION TO DEPOSITE THE PASS PORT OF THE ACCUSED WITH THE COURT /POLICE.
FOR THAT END I WOULD LIKE TO FILE A PETITION U/S 302 CrPC FOR PERMISSION TO THE DEFACTO COMPLAINANT TO BE REPRESENTED BY A COUNSEL AND ALSO TO BE HEARD IN THE BAIL PETITION OF THE ACCUSED PENDING IN THE CRIME..
NOW THE POINTS THAT ARISE FOR OUR CONSIDERATION AND DISCUSSION ARE
1. WHETHER THE DC CAN MOVE A PETITION IN CRIME STAGE?
2. WHETHER THE DC IS ENTITLED TO BE HEARD IN THE BAIL PETITION OF ACCUSED?
3. WHETHER THE COURT CAN IMPOSE A CONDITION REQUIRING THE ACCUSED TO SURRENDER/DEPOSIT THE PASSPORT IN COURT/POLICE?
