Bail under oRDER 39 (2-A) cpc

Assumi sir, its for the first time I ve heard that the police arrests a person under O.39 R. 2A.

 

O.39 R2A deals with violation of temporary injunction orders under O.39 R.1&2....here the matter is to be seen by the court and that too on the application of the holder of stay order.

 

i could not find the role of police here....lets c what others say.

Rule 2-A says:'may order the property of the person guilty of  or breach tobe attached and may also order such person tobe detained in the civil prison for a term not exceeding three months,unless in the meantime the court directs his release.' so I think querry is correct.;in the meantime the court directs his release;means that bail can be granted by the court.

The offence under Or39R2A is civil contempt and hence there is no provision for remand of the offender for the purpose of investigation. After trial if the contemptner is proved to be guilty then he would be put in civil prison. Preference of appeal can stay the execution of the order by staying the same.

I think question is right. Suppose the police is ordered to arrest the person for the purpose of civil detention. The word "bail" is i think wrongly used. The proper word is "release". The rule 2 A itself gives the power to the court passing the order of detention, to release that person. See the last lines of the rule "unless in the meantime the court directs his release"

Here, civil prison means the judicial custody in prison: Once the order of civil custody is made the police has to take the prisoner to civil prison and prison menas prison. So wehether bail can be moved or not..And as pointed out by Niranjan, bail can be moved or not as per the Order 39 "the court directs his release means release on bail under CrPc or CPC?

Good evening Anish, so the expression "the court direct his release" means release under what provisions? and Release means temproary release or full fledhed release and under what provisions of law?

I think bail will not be a suitable word for it. Use word release and the power is under o 39 r 2 a itself

I think bail will not be a suitable word for it. Use word release and the power is under o 39 r 2 a itself

Excellent proposition.

In my opinion, the question of arrest in case of Order 39, Rule 2-A, CPC arises only after the Courts comes to a conclusion that its order of temporary injunction has been disobeyed. While disposing the application, the Court may direct the person committing breach to undergo civil imprisonment. The remedy thereagainst is appeal. The appellate court may set aside the order and order for release of such person or may stay the operation of the order and release him on such terms as deemed appropriate. 

 

Assumi Sir, please comment.  

Parveen, appellatee stage means under which provisions of CPC, can the prisoner move the Court to exercise its inherent power under 151 CPC? or the Order 39 Rule 2-A itself.

Aasumi sir 4 appeals see oXLIII R.1(R).

Arrest by police in such case may be at any of the two stages. Firstly in case the persons committing disobedience avoids service of notice of such application then in that case his presence may be secured through arrest warrrants. In such case, the trial court may release him on bail till the final decision of such application under Order 39, Rule 2-A of CPC. Secondly, if the court finally decides the application and concludes that he has committed breach of injunction order then, the court may got his arrested for undergoing the imprisonment awarded. In such an eventuality, the person committing breach has only remedy of appeal [kindly see Order 43, Rule 1, Sub-Rule (r)] and as the trial court has already become functus officio, it is only the appellate court who can release him on bail till the decision of the appeal.

Section 151 of CPC can be applied when there is no express provision for a proposition and in case there is an express provision, section 151 of CPC does not come into play.

generally 151 of c.p.c used when the code not covers the arosed situation ,if already there is a procedure definately it helps the aggreivd party coming to the point whether the court takes help from the police to send him civil prison ? NO this is un warranted discussion