No bail for specific allegations of murder, rape
Published: 22:19 9 August 2019 Updated: 23:01 9 August 2019
From now on, no one will get bail if there are specific allegations of murder and rape. Not only that, to arrest someone article 32 of the Constitution must comply with. Besides, if the anticipatory bail is misused, the state could seek cancellation bail.
A full bench of the Appellate Division headed by the Chief Justice passed the order in anticipation of bail on Friday.
Article 32 of the Constitution states that no person shall be deprived of life or personal liberty save in accordance with the law. At the same time, the verdict said that if there were specific allegations of murder and rape, no one would get bail. Apart from this, the High Court was also directed not to give anyone more than 8 weeks anticipatory bail.
As with any case, most of the accused came to the High Court for anticipatory bail. So in case of advance bail, 16 new instructions have been issued.
1. The High Court has to closely monitor the FIR.
2. The importance of the complaint must be considered.
3. If anyone gets anticipatory bail, is there any possibility of a fugitive?
4. Character and conduct should be taken into account.
5. Is there any possibility of abuse to arrested person will have to consider.
6. It should be taken into account that no one is harmed.
7. Anticipatory bail exception power, to be careful in using this power.
8. Such a condition must be added in anticipatory bail so that no one could not intimidate any witnesses.
9. Extreme caution must be exercised in granting bail.
10. If there are specific allegations of murder and rape, no one will get bail.
11. There was article 493 (1) but it was repealed.
12. Anticipatory bail cannot be guaranteed indefinitely. It interrupts the investigation.
13. In the case of advance bail, the matter should be kept in mind.
14. After the bail, the investigating officer will have to cooperate
15. No more than 8 weeks advance bail.
16. If advance bail is misused, the state may seek to cancel it.
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