counsel of complainant is allowed to argue in bail matter
meenakshi chauhan
(Querist) 03 September 2010
This query is : Resolved
Criminal case is state's case. but i have seen complainant's advocates arguing in the court (specially i am talking about bail matters). PP keeps standing and complainants private counsels do argue.
but once in UTSAV BAIL MATTER (IInd BMW ACCIDENT) I saw that when counsel of complaints started arguing he was stopped by the accused's lawyer, and he was asked to keep silent by the judge also.
I wanna ask what the law says in this regard. can the pvt counsel of complainant argue the matter (Bail Matter) in HC. is there some law that can stop him from arguing or some law that can permit him for arguing?
bhupender sharma
(Expert) 03 September 2010
pl. refer to 302 Cr. P. C definately u can do so wi the permission of the court.
Devajyoti Barman
(Expert) 03 September 2010
Yes it is always permissible. One instance in one particular case may not be repeated in every case if it beyond the provision pf law.
s.subramanian
(Expert) 03 September 2010
It is permissible. The de facto complainant can intervene and object to the grant of bail. This is because the prosecution at times connives at the grant of bail for obvious reasons. That is why courts thought it fit to permit the de facto complainant to enter the scene and seek justice.
Arvind Singh Chauhan
(Expert) 05 September 2010
Yes it is generally seen in courts but, it is regretful that such discrimination between private complaint cases and state cases is seen.
I think newly added last proviso in Sec 437 (1)The word "public prosecutor" must be substituted as "PROSECUTOR" or "PROSECUTION".
