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Reading: Bail: Bail can be granted despite the presence of the accused if he is in police custody
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> Quick Recall> Cr.P.C> Bail: Bail can be granted despite the presence of the accused if he is in police custody

Bail: Bail can be granted despite the presence of the accused if he is in police custody

Bail: Bail can be granted despite the presence of the accused if he is in police custody
Ramprakash Rajagopal September 11, 2023 1 Min Read
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1. The petitioner is behind the bars from a period of one year four months and the charge-sheet has already been filed.

2. The bail application of the petitioner is opposed on the ground that the petitioner did not appear before the Trial Court and as such warrants came to be issued.

3. Since the petitioner is in prison, therefore, it was the duty of the police authorities to produce him before the Trial Court. The petitioner cannot be blamed for the negligence on behalf of the police authorities.

4. As such, the petitioner is entitled to be granted bail.

5. The petitioner is directed to be released on bail in connection with Case Crime No. 351 of 2021 registered at Police Station Bhamora, District Bareilly, Uttar Pradesh, to the satisfaction of the Trial Court.

6. The petitioner is directed to cooperate with the expeditious disposal of the trial.

7. The special leave petition is disposed of accordingly.

8. Pending applications, if any, stand disposed of.

Party

SATENDRA BABU vs. STATE OF U.P – Petition(s) for Special Leave to Appeal (Crl.) No(s). 8247/2023 – 06-09-2023.

https://main.sci.gov.in/supremecourt/2023/23322/23322_2023_4_2_46873_Order_06-Sep-2023.pdf

Satendra Babu vs. State of U.P 2332220234246873order06-sep-2023-491671

Subject Study

  • Murder case acquittal: Death of deceased as per fir is with knife but the postmortem suggests firing from close range
  • திருக்குறள்
  • A brief study of default bail under section 187 (3) BNSS (Old 167(2) Cr.P.C)
  • Section 307 IPC: Attempt to commit murder: Intention may be inferred from the facts and circumstances of the case and in this case doctor’s opinion is enough
  • RESOURCE – TAKING COGNIZANCE – A BASIC UNDERSTANDING
  • Section 11 Evidence Act: Appreciation of plea of alibi
  • Section 326 Cr.P.C: Only application to summary and not to summons trial like N.I Act
  • Plea of one of the judges to recuse from the matter is denied as forum shopping

Further Study

Parameters of granting bail in commercial quantity under section 37 of NDPS Act

Section 483 BNSS: Bail: Magic mushrooms are natural produce and cannot be termed a mixture and their classification as narcotic drugs depends on the psilocybin content

PMLA: It is not necessary bail should be granted because the accused is woman

S. 303(2) BNS: Anticipatory Bail was filed for a bailable offence however the  Hon’ble High Court quashed the FIR

Second or successive bail application: Mentioning the details of previous bail application is compulsory to avoid contempt

TAGGED:absenceabsence of accusedabsence of the accusedaccused absencebail
Previous Article Section 306 IPC: Prosecution did not sought opinion as to the death to show whether it was suicide or accidental
Next Article During a criminal trial, the counsel appointed by the victim takes over the prosecution from the state prosecution examine the same in the light of the legal provisions
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