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Trial inside Jail is not violative of sectin 327 Cr. P. C.

Raj Kumar Makkad ,
  21 April 2010       Share Bookmark

Court :
Supreme Court of India
Brief :
Criminal - Right to Trial in open Court - Section 327 of Code of Criminal Procedure 1973, (Cr.P.C.) - Whether the decision of the High Court to hold trial of the Appellant in Jail violative of Section 327 of the Cr.P.C. ?
Citation :
Md. Shahabuddin v. State of Bihar and Ors. (Decided on 25.03.2010) MANU/SC/0203/2010
Held, Right to public trial recognised under Section 327 of the Code. Not to be inferred that there cannot be any exception to the universal rule. In a case of extraordinary nature, the universal rule of open trial may not be adhered to. In the present case, Appellant involved in more than 40 criminal cases. Serious danger existed in producing the Appellant in open Court. No prejudice caused to the Appellant as all his 38 counsel, public and press people permitted to remain present during the Court proceedings. No presumption that a trial in prison not an open trial. Jail an open Court as long as no restrictions of free and fair trial compromised with. Appeal dismissed.

 
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Published in Criminal Law
Views : 1946




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