can supreme court judgement be produced at the time of bail petition to question maintainability of criminal case or it can be done only after chargesheet in trial phase?
can supreme court judgement be produced at the time of bail petition to question maintainability of criminal case or it can be done only after chargesheet in trial phase?
Adv Archana Deshmukh (Practicing Advocate) 25 June 2013
The maintainability of the criminal complaint can definately be questioned at the time of the bail petition and judgments can be produced, but it will only have its impact on grant of bail and the court won't discharge the accused at that stage even if the complaint is found to be not maintainable.
Tarun Thakur (advocate) 25 June 2013
As per Article 141 of Constituion of India, Hon'ble SC judgment is binding. It can be produced at tile of bail as well as during trial for deciding a question of law
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 29 June 2013
Agreed with Adv Archana.
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