advocatemmmohan
just another law knowledge bank
Ranjit Singh
When a court not inclined to grant anticipatory bail , can not direct the lower court to grant bail on the surrender of the accused – the orders to consider the bail application on surrender and release him on it’s satisfaction of sureties submitted was misread by lower courts = On a reading of the said authoritative pronouncement and the principles that have been culled out in Savitry Agarwal there is remotely no indication that the Court of Session or the High Court can pass an order that on surrendering of the accused before the Magistrate he shall be released on bail on such terms and conditions as the learned Magistrate may deem fit and proper or the superior court would impose conditions for grant of bail on such surrender. When the High Court in categorical terms has expressed the view that it is not inclined to grant anticipatory bail to the petitioner-accused it could not have issued such a direction which would tantamount to conferment of benefit by which the accused would be in a position to avoid arrest. It is in clear violation of the language employed in the statutory provision and in flagrant violation of the dictum laid down in Gurbaksh Singh Sibbia and the principles culled out in Savitri Agarwal.”= In the case at hand, though such an order was not passed by the learned single Judge, yet the order passed by him was potent enough to create enormous confusion. And it has so happened. It is the duty of the superior courts to follow the command of the statutory provisions and be guided by the precedents and issue directions which are permissible in law. We are of the convinced opinion that the observations made by the learned single Judge while dealing with second application under Section 438 CrPC was not at all warranted under any circumstance as it was neither in consonance with the language employed in Section 438 CrPC nor in accord with the established principles of law relating to grant of anticipatory bail. We may reiterate that the said order has been interpreted by this Court as an order only issuing a direction to the accused to surrender, but as we find, it has really created colossal dilemma in the mind of the learned Additional Sessions Judge. We are pained to say that passing of these kind of orders has become quite frequent and the sagacious saying, “A stitch in time saves nine” may be an apposite reminder now. We painfully part with the case by saying so. 30. The appeal is disposed of in terms of the modification in the order passed by the learned single Judge in M.Cr.C. No. 701 of 2013 and the observations made hereinabove.
published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40837 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1545 OF 2013 (Arising out of S.L.P. (Crl.) No. 7678 of 2013) Ranjit Singh … Appellant Versus State of M.P. and others …Respondents … Continue reading
Mere Delay in sending FIR not fatal to the prosecution = where the FIR was actually recorded without delay and the investigation started on the basis of that FIR and there is no other infirmity brought to the notice of the Court then, however improper or objectionable the delay in receipt of the report by the Magistrate concerned be, in the absence of any prejudice to the accused it cannot by itself justify the conclusion that the investigation was tainted and the prosecution insupportable.
published in http://judis.nic.in/supremecourt/filename=40473 Page 1 Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1020 OF 2004 Sheo Shankar Singh …. Appellant VERSUS State of U.P. ….Respondent CRIMINAL APPEAL NO.1021 OF 2004 Sarvajit Singh @ Sobhu …. Appellant VERSUS State of U.P. ….Respondent J U D G M E N T Fakkir Mohamed Ibrahim … Continue reading
“The Investigating Officer, who is a D.S.P. in rank, will not be in a position to investigate the case fairly and truthfully, as senior functionaries of the State in the Police Department and political leaders are being named. By this we are not casting any doubts on the investigating team, but it 20 seems that political and administrative compulsions are making it difficult for the investigating team to go any further to bring home the truth. Apart from revolving around a few persons who have been named in the status report, nothing worthwhile is coming out regarding the interrogation of the police officers, political leaders and others. The investigation seems to have slowed down because of political considerations. Not less than eight police officials, political leaders, Advocates, Municipal Councilors and number of persons from the general public have been named in the status report. We feel that justice would not be done to the case, if it stays in the hands of the Punjab Police. Having said this, we want to make one thing very clear that the team comprising of Shri Ishwar Chander, D.I.G, Shri L.K. Yadav, S.S.P. Moga and Shri Bhupinder Singh, D.S.P. have done a commendable job in unearthing the scam. We feel it a fit case to be handed over to the C.B.I.”
Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (CRIMINAL) NO. 792 OF 2008 State of Punjab …… Petitioner Versus Central Bureau of Investigation & Ors. …… Respondents J U D G M E N T A.K. PATNAIK, J. This petition under Article 136 of the Constitution has been filed by … Continue reading
