Bail by police officer
498aVictim
(Querist) 04 October 2011
This query is : Resolved
State: U.P.
Offense: 498-A
Question 1: What is the duration of the Bail granted by the Police Officer during investigation?
A. Till Charge Sheet is submitted
B. Till Cognizance is taken by Court of Magistrate
C. Till trial completes in Court of Magistrate
Question 2: Can CJM cancel the bail granted by the Police Officer?
Question 3: Reading Criminal Procedure it is stated that Bail granted by Police Officer cannot be canceled by Court of Magistrate. It can only be canceled by Sessions Court of High Court u/s 439 CrPC. If this is true AND there is no limit as such to the duration of Bail given by Police Officer, then ideally such Bail should last till the end of the trial. Please clarify.
Question 4: I have also read that U.P. procedures are little different with regards to Bail. Please clarify.
Thanks.
Shonee Kapoor
(Expert) 04 October 2011
Question 1: What is the duration of the Bail granted by the Police Officer during investigation?
POLICE OFFICER CANNOT GRANT BAIL IN 498-A IN UP.
A. Till Charge Sheet is submitted
B. Till Cognizance is taken by Court of Magistrate
C. Till trial completes in Court of Magistrate
Question 2: Can CJM cancel the bail granted by the Police Officer?
YES, AS IF ANY BAIL IS PROVIDED BY POLICE OFFICER, IT IS NON-EST AND HENCE LIABLE TO BE DISMISSED ON MERITS.
Question 3: Reading Criminal Procedure it is stated that Bail granted by Police Officer cannot be canceled by Court of Magistrate. It can only be canceled by Sessions Court of High Court u/s 439 CrPC. If this is true AND there is no limit as such to the duration of Bail given by Police Officer, then ideally such Bail should last till the end of the trial. Please clarify.
IT IS IN TERMS OF BAILABLE OFFENCES, 498-A IS A NON-BAILABLE OFFENCE.
Question 4: I have also read that U.P. procedures are little different with regards to Bail. Please clarify
YES THERE IS NO REMEDY OF ANTICIPATORY BAIL IN UP. YOU HAVE TO SEEK STAY ON ARREST FROM HIGH COURT.
REGARDS,
SHONEE KAPOOR
HARASSED.BY.498A@GMAIL.COM
498aVictim
(Querist) 04 October 2011
Dear Shonee ji,
Thanks for the prompt reply.
1. Can you please point me to State Amendment of U.P. in CrPC preventing Police to grant bail in 498-A OR any Allahabad HC Judgment ordering so? Legally, Sec 437 (Bail in Non-bailable Offenses) of CrPC does not puts any such restriction as per my knowledge. In practice it could be different, but right now my question is more on Legal (in theory) terms.
2. Dismissing Bail and Canceling Bail are two different subjects. My question is on Canceling Bail which is granted by Police Officer. [Reference Page 303 of Criminal Procedure by R. V. Kelkar).
3. Yes, I am referring to Non-Bailable offenses (Bailable are anyway in the right of the accused subject to Sec 446A etc).
4. There are other procedural differences wrt Bail in U.P. (besides AB). I was referring more in terms of procedure than provisions available.
Requesting Senior Advocate practicing in U.P. to comment and clarify.
Thanks.
Sankaranarayanan
(Expert) 04 October 2011
yes i too agreed with mr kappor's version. Judiciary is more power then police , so any court can brake or dismiss the order given by police.
If you feel then you can get AB
As a whole the court is the place for getting all remedies ,
As simple you seek the court for your problem
ajay sethi
(Expert) 04 October 2011
mr prbahakar singh is ideal lawyer practising in Up to guide you
498aVictim
(Querist) 04 October 2011
Dear Ajay ji,
Can you please PM me his contact no and where he practices in U.P.? Thanks.
ajay sethi
(Expert) 04 October 2011
i believe Mr prabahkar singh ji hails from varanasi . you can get his contact number from experts profile .lawyer club i believe he is ranked 10 th . click on his name and you will get his contact details
R.Ramachandran
(Expert) 04 October 2011
Yes, Mr. Prabhakar Singh is from Varanasi, U.P. He is currently in 6th position in the Hall of Fame. He is also the currently Featured Member of this LCI. Unfortunately, he has not given his contact number in his profile. But, one can try to send Private Message (PM) to him and establish contact.
prabhakar singh
(Expert) 04 October 2011
So i was being hunted here for no good reason but as Mr. Sonee has already given the state of affairs very correctly.
1]Police shall and does not grant bail in 498a cases in UP.
2]In cases police grant bail in UP,the bail lasts till filing of charge sheet after filing of which accused has to appear on summons to seek a bail a fresh.
3]In498a magistrate avoid to grant bail and invariably it goes to session court.
4]Anticipatory bail is back as state policy but still implementation is awaited.
About me:i hail from Azamgarh which is 99km north to Varanasi and 103km south to Gorakhpur.my profile reveals i do not practice in criminal law but can answer questions of general importance.
Raj Kumar Makkad
(Expert) 04 October 2011
I do agree with reply of Shonee supported with prabhakar singh.
498aVictim
(Querist) 04 October 2011
Thank you Prabhakar ji.
I agree that the current practice and norms followed in U.P. does not easily grant Bail to 498-A accused by the police. However, the same is not denied by the Law (at least I have not come across any CrPC Section or HC Judgment regarding the same). I know few people were granted bail by police in 498-A case u/s 437.
Yes, I came across this requirement laid by Allahabad HC today that a fresh bail is needed by Court if the accused is on bail given by police.
I would also like to share an ongoing debate in a Writ Petition in Allahabad HC that at least gives a ray of hope in the emerging +ve change in the mindset of Judiciary and Police:
CRIMINAL MISC. WRIT PETITION No. - 3322 of 2010
There are server orders under this petition. Please look by Petition No.
The Police Orders by DGP mentioned in the Writ Petition is very useful for current 498-A victims and new unfortunate ones.
Thanks!
prabhakar singh
(Expert) 05 October 2011
THANK YOU TOO!
TRUE! IN VERY FEW EXCEPTIONAL CASES THEY HAVE GRANTED.
TRUE!no provision barres them,perhaps policy of administration at executive level, may be reason.
i will look into CRIMINAL MISC. WRIT PETITION No. - 3322 of 2010 AS ADVISED as it is worth seeing in view of your recommendations.
Raja
(Expert) 10 October 2012
however for bail one can further proceed to apex court. up has a long tradition among all.
