LawforAll

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Showing posts with label bail in economic offences. Show all posts
Showing posts with label bail in economic offences. Show all posts
Tuesday, September 4, 2012

bail in economic offences = Trial is a judicial proceeding before the Court, which ends in conviction or acquittal. All other proceedings are inquiries and they have various endings according to circumstances. 11. The trial deemed to have been commenced upon a police report instituted by the police in a warrant case after framing of charges. Therefore, after filing of the police report under Section 170 Cr.P.C. and before commencement of trial, the interregnum period can safely be called as inquiry. In such a case, Section 309 Cr.P.C. empowers the Court during enquiry to remand the accused for a term not exceeding 15 days. Simply because, the Investigating Agency has not filed any sanction orders from the competent authority, that does not mean, the accused is entitled for bail automatically or as a matter of right. This aspect of the case has been completely overlooked by the trial Court. It is surprising to note that without there being any bail application and without hearing the counsel for CBI, bail was granted. In the facts and circumstances of the case, the learned Judge ought to have considered the case for grant of bail on merits. Therefore, the order under challenge is a perverse one and the same is liable to be set aside.

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THE HON'BLE SRI JUSTICE K.C.BHANU       CRIMINAL PETITON No. 2890 OF 2012.     27-03-2012 The State represented by the Dy.Superi...
Saturday, February 11, 2012

whether the appellant herein has made out a case for regular bail= the appellant is ordered to be released on bail on executing a bond with two solvent sureties, each in a sum of Rs. 5 lakhs to the 19

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REPORTABLE IN THE SUPREME COURT OF INDIA ...