Strange Case
Sujit J Pathak
(Querist) 08 December 2009
This query is : Resolved
In a C.R there are 6 accused and all have been granted bail but one accused has not arranged for surety demanded by the court and thereby is still in custody for the past 2 months. Now the case has reached of charge framing and Magistrate is giving short dates of 14 days stating that as one accused is in custody he needs to be given prefrential treatment. The present case is in goa and all accused involved are residents of mumbai so they are forced to attend matters at such short intervals just because of one of the accused. Is there any provision or judgement contrary to what Magistrate is stating.
Adv Archana Deshmukh
(Expert) 08 December 2009
In cases where the accused is in jail, the court do not give longer dates, as the accused should not be detained in custody for unnecessary long period and trial ought to be completed as early as possible.
Sujit J Pathak
(Querist) 08 December 2009
Thanks Madam for rplyong but point to be considered in this case is that accused has been granted bail 3 months back but he is not willing to furnish surety with the intention to harass the other accused(s) involved in this case, He may not furnish surety till the trial ends and thereby he may be allowed to harass the other accused(s).
N.K.Assumi
(Expert) 08 December 2009
When ever I come across such refusal of bail by the court I remember Justice Krishna Iyer's observation in the case of: Moti Ram vs State of madhya Pradesh: 1978-SCC- (CRI)-185.
Raj Kumar Makkad
(Expert) 08 December 2009
There is no contrary law to the aforementioned law. If you can firnish surity for such accused arrange and file before the court so that he may also be got released and in that situation you may also enjoy the long dates. If you think he is harassing yu, furnish cash amount as surity money before court in his favour and it do not require his consent.
Guest
(Expert) 08 December 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAi)ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE BAIL GRANTED TO ACCUSED KINDLY NOTE THAT.
1.COURT HAS ALREADY GRANTED BAIL TO SAID ACCUSED.BUT HE HAS NOT FURNISHED SURETY DOCUMENTS AS PER THE BAIL ORDER.HENCE THE SAID ACCUSED IS IN JAIL.
2.KINDLY NOTE THAT ACCUSED IS IN JAIL ,AND THERE IS NO ONE WHO CAN ARRANGE FOR HIS SURETY DOCUMENTS.MAY BE THE SURETY BOND AMOUNT MAY BE HEAVY AND SOLVANT SURETY MIGHT HAVE BEEN ORDERED.IT INVOLVES LOT OF CASH EXPENSES TO PREPARE SOLVANCY CERTIFICATE FROM THE COLLECTOR OFFICE/ TEHSILDARS OFFICE.HENCE HIS RELATIVES MAY BE POOR AND ARE NOT IN A POSITION TO ARRANGE FOR THAT MUCH AMOUNT AS SURETY.
3.KINDLY NOTE THAT AS ACCUSED IS AT JAIL FOR MORE THAN TWO MONTHS AFTER PASSING BAIL ORDER.AN APPLICATION FOR BAIL CAN BE MOVED AGAIN AT SESSIONS COURT FOR REDUCING THE AMOUNT OF BOND.AMMENDED PROVISIONS OF C.R.P.C.MAY KINDLY BE REFERRED.COURT MAY REDUCE THE AMOUNT OF BOND AND BY FURNISHING ORDINARY LAND OWNERSHIP EXTRACT OF SURETY AND PERSONAL BOND OF ACCUSED WILL BE SUFFICIENT FOR RELEASE OF BAIL.OF COURSE IF ALLOWED BY HONBLE SESSIONS COURT / HIGH COURT PLEASE NOTE.
4.IN CASE OF SHORT DATES GIVEN BY MAGISTRATE KINDLY FURTHER NOTE THAT, AS ACCUSED IS AT JAIL COURT CAN NOT GIVE NEXT DATE LONGER THAN 14 DAYS AS MAGISTRATES CUSTODY HAS TO BE EXTENDED AFTER EVERY 14 DAYS IN CASE OF ANY ACCUSED IS IN JAIL.HENCE KINDLY NOTE THAT MAGISTRATE IS GIVING DATES AS PER LAW PROVISIONS.
5 AS FAR AS HARASSMENT AND FINANCIAL BURDEN UP ON OTHER ACCUSED WHO ARE ON BAIL KINDLY NOTE THAT THEY MAY FILE EXEMPTION APPLICATION IN COURT AND TILL HEARING OF CASE COURT MAY ALLOW THEM EXEMPTION ON FURNISHING PROPER SURETY DOCUMENTS AND ADDRESS PROOF AND IDENTITY PROOF.PLEASE NOTE.
6.IN CASE ANY ACCUSED IS IN JAIL THEN THE CASE HAS TO BE FIXED FOR FINAL HEARING AND EVIDENCE AS SOON AS POSSIBLE AND THERE ARE DIRECTIONS OF SC.PLEASE NOTE.
IN CASE YOU NEED ANY FURTHER INFORMATION OR HELP .KINDLY SEND DETAILS OR CALL
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
Arvind Singh Chauhan
(Expert) 08 December 2009
Agree with Sawant Sir. But I couldn't understand the word "CR". Offence is bailable or not. If bailable accused may be released under Proviso of Sec 436 (1) as indigent person.
N.K.Assumi
(Expert) 08 December 2009
Ofcourse we have not seen the real facts of the case and the status of the accused, yet one thing is sure that other accused have been granted bail and no reasons as to why he should be held back. But in all propablity he could not have arranged the cash surety or surety from the court district, in this back drop was the cash surety reasonable? We can not ask a poor mason to pay huge surety etc.But the fact remains that all other co-accused have been enlarged on bail and why he was not enlarged on bail?
Anish goyal
(Expert) 08 December 2009
I couldn't understand why other accused are feeling harassed by short dates. If they r innocent then there will be a earlier decision. A strange question it self. Sorry brother i couldn't help my self to reply in such a way.
aman kumar
(Expert) 14 December 2009
i agree with sawant sir
