Apex court grants bail breather
New Delhi: The Supreme Court has ruled that a competent court can grant anticipatory bail even if the investigating agency has charged the accused with a non-bailable offence, reports our legal correspondent.
A bench of Justices . Santosh Hegde and B.P. Singh gave the ruling on October 8 while granting anticipatory bail to a couple, accused of harassing their daughter-in-law for dowry.
“The courts, i.e. the courts of sessions, high court or this court, have the necessary power vested in them to grant anticipatory bail in non-bailable offences under Section 438 of the Criminal Procedure Code even when cognisance is taken or chargesheet is filed provided the facts of the case require the court to do so,” it said.
Setting aside an order of Patna High Court rejecting the couple’s pre-arrest bail plea, it said Section 438 seeks to prevent undue harassment of accused persons by pre-trial arrest and detention.
Appearing for the Bihar government, counsel B.B. Singh argued that as the trial court has taken cognisance of the offence, even the apex court could not use Section 438 in this case. Singh contended that the only remedy available to the appellants was to approach the trial court, surrender and, thereafter, apply for regular bail under Section 439 of the CrPC.
ustice Hegde, writing the judgment for the bench, said: “If the arguments of the state is to be accepted, then in each and every case, where a complaint is made of a non-bailable offence and cognisance is taken by the competent court, then every court under the code, including this court, would be denuded of its power to grant anticipatory bail under Section 438 of the code.”
The bench said it did not find any restriction under Section 438 regarding the exercise of power to grant anticipatory bail in a suitable case either by the sessions court, high court or the apex court even if cognisance was taken or chargesheet was filed.
Partial Uttarkashi evacuation
Dehra Dun (PTI): With landslides from Varunavat mountain continuing unabated in Uttarkashi, chief minister .D. Tiwari on Friday said the government was trying to shift nearly one-third population of the town to safer regions.
“We are trying to evacuate nearly one-third of the population of Uttarkashi in view of the landslides,” Tiwari said. The district administration, he added, had been asked to search for land to provide alternative accommodation to affected people currently sheltered in schools and other areas.
Several geologists from prominent institutes have surveyed Uttarkashi and expressed the opinion that steps to contain the damage caused by the landslides could not be taken till the time stones and boulders stopped toppling down from the mountain.
Rat forces A-I to cancel flight
Kochi (PTI): A rat on board its flight to Riyadh forced Air-India to cancel it late on Wednesday night. Sources said cabin crew spotted the rodent scurrying around the jumbo flight just as it was about to take off from Nedumbassery International Airport.
When all efforts to nab it failed, the flight was cancelled. On Thursday, after thorough fumigation of the aircraft, the rat was found dead and the flight took off at 2.45 pm.
Jail for actor
Chennai (PTI): A city court has sentenced actor-director Manivannan to one-year imprisonment in a cheque bounce case, but gave him 30 days to appeal against his conviction in a higher court. Complainant Asian Capital Finance said Manivannan had taken a loan of Rs 35 lakh from the firm. A cheque given by him for Rs 5 lakh was, however, bounced.
Srinagar (PTI): Jammu and Kashmir High Court has held that daughters of divorced parents are entitled to maintenance allowance from their fathers till they are married. “We hold that major unmarried daughters are entitled to claim maintenance from their fathers in summary proceedings under Section 488 of the Criminal Procedure Code,” it said.
Dara moves HC
Bhubaneswar: Dara Singh, who was awarded death sentence in the Graham Staines murder case by a CBI-designated trial court last month, on Friday appealed against the order in Orissa High Court, reports our correspondent. In the petition, Dara’s lawyer Brahmananda Panda submitted that the trial judge in the case had sentenced Dara to death disbelieving the FIR lodged with the local police station after the incident. The FIR was filed by prosecution witness Ralia Soren, a tribal of Manoharpur village. Panda submitted that Dara was innocent and had been framed by CBI, the investigating agency in the case. The case is likely to come up for hearing on Monday.
4 kidnappers killed
Muzaffarnagar (PTI): Four kidnappers were shot dead and a farmer rescued near Sikhera police station, police said. Acting on a tip-off, police surrounded the jungle near Asad Nagar and gunned down the four.
The Indian Air Force has organised an air show in Jaipur on October 15 to motivate youngsters to join the force. The show, titled Suryakiran, will include aerobatics by nine indigenously manufactured Kiran MK II aircrafts.