Bail
dev kapoor
(Querist) 24 November 2011
This query is : Resolved
Hello Sirs,
Could you please find me some law/jujmnts that 'a private complainant in a state case can oppose the BAIL APPLICATION in a state case,moved by the accused'?
Regards !
Devajyoti Barman
(Expert) 24 November 2011
The complainant has always right to oppose the bail application.
Where is the need for citation?
dev kapoor
(Querist) 24 November 2011
Dears Sir,
In a state case it is the PP only who can plead or oppose case for & on behalf of the State.
O. Mahalakshmi
(Expert) 24 November 2011
Not only PP but also you can appoint a lawyer to support him.
whoever may be every one opposes to grant bail on behalf of State. Bail will be granted on facts of the case.
Advocate. Arunagiri
(Expert) 24 November 2011
During the bail hearing you can implead yourself as a intervener.
For this you should know the date of hearing of the bail petition. You have to file a petition to impead yourself.
dev kapoor
(Querist) 24 November 2011
Friends,
With utmost respect, I must say that sometimes we approach a typical proposition of law in a casual manner.Law is not that simple.Ordinarily PP or the Govt advocate of Prosecuting Officer alone has the right to oppose the Bail application.I am unable to find law otherwise.However on search I could lay hand on the following Judgment of Chhatisgarh High Court.Let us see & find start our search again.It is-
2006 CRI. L. J. 2866 "Sunil Puri v. State of Chhattisgarh"
CHATTISGARH HIGH COURT
Coram : 1 SUNIL KUMAR SINHA, J. ( Single Bench )
M. Cr. C. No. 507 of 2006, D/- 5 -5 -2006.
Dr. Sunil Puri v. State of Chhattisgarh.
Criminal P.C. (2 of 1974), S.438, S.301(2) - ANTICIPATORY BAIL - APPEARANCE - PUBLIC PROSECUTOR - Application for grant of anticipatory bail - Appearance by public prosecutors - Counsel for complainant or first informant has no right of audience in said application - He cannot be permitted to orally address Court.
The counsel for the complainant or the first informant has no right of audience in a petition filed u/S. 438 Cr. P.C. for grant of anticipatory bail. He cannot be permitted to orally address the Court. It is only the State counsel who can be heard in opposing the bail application. However, the counsel so engaged by the first informant or the complainant can brief the State Counsel and can also make a representation on behalf of the complainant or the first informant, and can assist the State Counsel while opposing the bail application."
There are more judgments holding this view.Contrary views are also there but where is the final judgment ??????
Raj Kumar Makkad
(Expert) 25 November 2011
Counsel for the complainant has to assist the public prosecutor and so independently he cannot move ahead in State cases against the wishes of PP.
Shonee Kapoor
(Expert) 25 November 2011
The moot point is that complainant and his/ her counsel can alongwith PP can oppose the bail.
They can be barred as well, if the court so deems fit.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Advocate. Arunagiri
(Expert) 26 November 2011
Dear Mr.Kapoor,
You have referred to a judgement, this is applicable to the cases where the counsel for the defacto complainant appears without filing intervener petition.
Without intervener petition, you dont have the locus-standee in that bail hearing.
Devajyoti Barman
(Expert) 26 November 2011
In Calcutta High Court even the intervener application is not required.
