Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | CODE OF CRIMINAL PROCEDURE 1973: c s. 439 - Bail - Case triable by Court of Session |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | CODE OF CRIMINAL PROCEDURE, 1973: s. 439 - Bail - Case triable by Court of Session - Power of Court of Session and High Court to grant bail till committal of case to Court of Session - Held: There is no provision in Cr.P.C. or elsewhere, curtailing the power of either of superior courts to entertain and decide pleas for bail - A substantial period may inevitably intervene between a Magistrate taking cognizance of an offence triable by Court of Session and its committal to such court - During this interregnum, s. 439 can be invoked for purpose of pleading for bail - Since severe restrictions have been placed on power of Magistrate to grant bail to a person accused of an offence punishable by death or imprisonment for life, a superior court such as Court of Session, should not be incapacitated from considering a bail application especially keeping in perspective that its powers are comparatively unfettered u/s 439 - In the instant case, offence had already been committed to Court of Session - Applicant prayed for surrender to High Court and for grant of bail - Single Judge erred in law in holding that he was devoid of jurisdiction so far as application presented to him by appellant was concerned - Once prayer for surrender is accepted, appellant would come into custody of court within contemplation of s. 439 - Impugned order is, accordingly, set aside - Single Judge shall consider appellant's plea for surrendering to court and grant of bail - Constitution of India, 1950 - Art. 21. CRIMINAL LAW: Expressions, 'arrest', 'custody' and 'detention' - Explained - Held: The terms 'custody', 'detention' or 'arrest' have not been defined in CrPC - However, an analysis of case law indicates that these are sequentially cognate concepts- 'Custody' and 'arrest' are not synonyms even though in every arrest there is custody but not vice versa. ADMINISTRATION OF JUSTICE: Role of Public Prosecutor and hearing to complainant/informant/ aggrieved party - Held: The role of Public Prosecutor is to uphold the law and put forth a sound prosecution - Presence of a private lawyer would inexorably undermine fairness and impartiality which must be hallmark, attribute and distinction of every proper prosecution - No vested right is granted to a complainant or informant or aggrieved party to directly conduct a prosecution - Constant or even frequent interference in prosecution should not be encouraged as it will have a deleterious impact on its impartiality - However, where Magistrate or Sessions Judge is of the opinion that prosecution is likely to fail, prudence would prompt that complainant or informant or aggrieved party be given an informal hearing. PRECEDENT: Expression, 'per incuriam' - Explained - Held: It is necessary to give a salutary clarion caution to all courts, including High Courts, to be extremely careful and circumspect in concluding a judgment of Supreme Court to be per incuriam - An earlier judgment cannot be seen as per incuriam a later judgment as the latter if numerically stronger only then it would overrule the former- In the instant case, in the impugned order, single Judge of High Court followed incorrect and misleading editorial note in the cited law journal without apprising himself of the context in which Rashmi Rekha was wrongly reported to hold Niranjan Singh per incuriam - Rashmi Rekha dealt with anticipatory bail u/s 438, Cr.P.C. and only tangentially with ss. 437 and 439, Cr.P.C. - In the factual matrix of the instant case, Niranjan Singh is the precedent of relevance and not Gurbaksh Singh Sibbia nor any other decision where the scope and sweep of anticipatory bail was at the fulcrum of the conundrum - Law reporting. WORDS AND PHRASES: Expressions, 'custody', 'detention' and' arrest' - Connotation of. |
Judge | Hon'ble Mr. Justice Vikramajit Sen |
Neutral Citation | 2014 INSC 218 |
Petitioner | Sundeep Kumar Bafna |
Respondent | State Of Maharashtra & Anr. |
SCR | [2014] 4 S.C.R. 486 |
Judgement Date | 2014-03-27 |
Case Number | 689 |
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 |