LAW FOR ALL

Sec.389 of Cr.P.C. - Granting bail at appellant stage in post conviction stage in sever offences - whether the public prosecutor has to file his objections in writing - if not filed it can be treated as No Objection and should be endorsed in the order - Apex court held that a. The appellate court, if inclined to consider the release of a convict sentenced to punishment for death or imprisonment for life or for a period of ten years or more, shall first give an opportunity to the public prosecutor to show cause in writing against such release. b. On such opportunity being given, the State is required to file its objections, if any, in writing. c. In case the public prosecutor does not file the objections in writing, the appellate court shall, in its order, specify that no objection had been filed despite the opportunity granted by the court. d. The court shall judiciously consider all the relevant factors whether specified in the objections or not, like gravity of offence, nature of the crime, age, criminal antecedents of the convict, impact on public confidence in court, etc. before passing an order for release. Admittedly, no such opportunity was granted to the State as contemplated under the first proviso of Section 389 Cr.PC in these appeals. Therefore, the impugned orders to the extent of release of the private respondents on bail are set aside. The High Court shall consider the matters afresh.= CRIMINAL APPEAL NO. 1516 OF 2014 [Arising out of S.L.P. (Criminal) No. 261 of 2013] Atul Tripathi … Appellant (s) Versus State of U.P. and another … Respondent (s) = 2014 July. Part – http://judis.nic.in/supremecourt/filename=41781