Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 - s.438 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Criminal Procedure, 1973 - s.438 - Bail -Anticipatory bail - Grant of - Murder of 7 year old school boy in- Application for anticipatory bail/transit bail filed beforeschoolBombay High Court by the top Management Executives of the school(private respondents) - Interim stay from arrest granted to privaterespondents by single judge of High Court - Appellant-father filedintervention application opposing same - Single judge of High Courtdismissed anticipatory bail applications - However, granted interimrelief for one day subject to certain conditions - Meanwhile afterthe day of incident, a resolution was passed by District BarAssocidtion Gurugram condemning the brutal act of accusedunanimously resolving that no member of Bar would appear/represent the accused before court or any other forum - Privaterespondents then approached P&H High Court for grant of interimbail which stayed the arrest till 7.10.2017 - Single judge of HighCourt granted interim bail with certain directions - Appellant-fatherchallenged this order before Supreme Court - Supreme Courtdisposed of the appeal, directing High Court to dispose of the bailapplications within JO days - High Court considered the matter afresh and made absolute the interim bail granted on 7.10.2017 tothe private respondents till the presentation of challan subject tocertain conditions - Challenged on the ground that privaterespondent committed fraud and suppression of material facts andthey ought to have approached Sessions Court, Gurugram instead of directly approaching High Court when on 15.9.2017, theResolution passed by Bar Association to the effect that no lawyerwill represent the accused in the instant matter stood withdrawn -Held: The private respondents cannot be held guilty of anysuppression, concealment or fraud in this matter for the simplereason that the petitions were prepared on 15.09.2017 and accepted by the Registry of the P&H High Court on 17.09.2017 - The factrelating to the withdrawal of the Resolution passed by the DistrictBar Associations, Gurugram and Sohna cannot be said to be in theknowledge. of the private respondents - Moreover, this plea hadbeen dealt with by single Judge in the order dated 07.10.2017 andhad been negated - This incident had received wide coverage inthe media, both electronic and print - In fact, it can be said thatthere was a trial by media, therefore, there was no fault on part ofprivate respondents in directly approaching the High Court for grantof anticipatory/interim bail under s.438 of the Code, that too whenthe High Court has concurrent jurisdiction - On merits of the case,in the FIR, no allegation was made against the private respondents- The CBI was yet to examine and analyse the role of the privaterespondents in this case and there was no evidence of their complicityin the crime and there was not even a pointer of involvement ofrespondents in the alleged crime - Their involvement cannot beestablished until and unless, there was some substantial evidenceagainst them - Single Judge, while granting interim bail to the privaterespondents till the presentation of Challa11 had laid down certainconditions - The investigation 1.1 still under progress and the CBI isyet to come to a conclusion regarding the involvement of the privaterespondents in the crime - The private respondents made out a casefor grant of protection by way of interim bail till the presentation ofChallan by the CBI - Therefore, the order passed by single Judgegranting interim bail to the answering respondents till thepresentation of Challan cannot be faulted with. |
Judge | Hon'ble Mr. Justice R.K. Agrawal |
Neutral Citation | 2017 INSC 1214 |
Petitioner | Barun Chandra Thakur |
Respondent | Central Bureau Of Investigation And Others |
SCR | [2017] 12 S.C.R. 142 |
Judgement Date | 2017-12-11 |
Case Number | 2152-2153 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |