New Delhi, March 20 (IANS) The Supreme Court has modified a part of an anticipatory bail order of the Patna High Court requiring the trial court to take all “coercive steps to ensure that petitioner (accused) is behind bars” upon submission of the charge sheet.
A bench of Justices Ahsanuddin Amanullah and Prashant Kumar Mishra said that the Patna HC, after giving pre-arrest bail because, at that point of time, nothing serious had come against the petitioner-accused, should then have left it open for the trial court to take a call on submission of the charge sheet.
“The learned counsel for the petitioner is correct that there could not have been a specific direction that upon submission of the charge sheet, the (trial) court shall take all coercive steps to ensure that the petitioner is behind bars. The (Patna HC) Court could have just left it open for the trial court to consider the matter upon the petitioner appearing and then taking a call without there being any mandamus issued to take him into custody,” the Justice Amanullah-led Bench said.
In its impugned direction passed in August last year, the Patna HC had said that “if charge sheet is submitted against the petitioner connecting him with the offence, in that event, the present anticipatory bail order shall lose its effect and the learned trial court shall take all coercive steps to ensure that petitioner is behind bars”.
In the apex court, the petitioner’s counsel contended that such a condition of the accused being taken into custody upon submission of the charge sheet was not proper.
Without interfering with the anticipatory bail order “substantially”, the apex court modified the impugned condition. “We modify the direction given in the last paragraph which shall read that since the charge sheet has now been submitted against the petitioner, he is required to appear before the Court on the question of bail in accordance with law based on the materials before the Court without being prejudiced by the order impugned,” ordered the Justice Amanullah-led Bench.
Further, it asked the petitioner to appear before the court concerned within a period of three weeks and till then, extended the interim protection granted at an earlier occasion.
–IANS
pds/vd
Disclaimer
The information contained in this website is for general information purposes only. The information is provided by BhaskarLive.in and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of BhaskarLive.in We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, BhaskarLive.in takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
For any legal details or query please visit original source link given with news or click on Go to Source.
Our translation service aims to offer the most accurate translation possible and we rarely experience any issues with news post. However, as the translation is carried out by third part tool there is a possibility for error to cause the occasional inaccuracy. We therefore require you to accept this disclaimer before confirming any translation news with us.
If you are not willing to accept this disclaimer then we recommend reading news post in its original language.
