Moral code Vs Direction of Law:
N.K.Assumi
(Querist) 08 March 2009
This query is : Resolved
Dear Members,
Consider this.Bail can be moved even on holiday like sunday etc. For a Christian sunday is a very solemn and pious day. Now if an accused approach a magistrate for bail in his residence on sunday, can the Magistrate says that "Its Sunday and I dont work on Sunday" Come on monday. Is it proper?
PALNITKAR V.V.
(Expert) 11 March 2009
Technically speaking if there is no other Magistrate assigned with the work of holiday remand and bail, the Magistrate can not ask an accused to come on the next day. But it happens more often than not. it is highly improper.At the most, if the offence is non bailable, the Magistrate may receive the application and call say of the other side and adjourn the hearing.
