Skip to main content

If an earlier application was rejected by a lower Court, the upper Court can always entertain the successive bail application

In Usman Ahmed vs Union Territory Of J&K And Another, FIR for offences under Sections 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) came to be registered by the Police on the basis of an information received from the reliable sources to the effect that, Petitioner herein was in possession of charas for its illicit trade. During investigation of the case, 183 gms of charas was recovered from the possession of the Petitioner. Its sample was taken and sent to the FSL for chemical examination. Upon receipt of the report of FSL and completion of investigation, offences under Sections 8/20 of NDPS Act were found established against the Petitioner and challan was filed against him. 

The Petitioner's application for grant of bail before the Court of Principal Sessions Judge was rejected by the Court. Being aggrieved of the said order, the Petitioner has filed the instant petition before the High Court of Jammu and Kashmir for grant of bail in his favour on the grounds that, the contraband allegedly shown to be recovered from the possession of the Petitioner is an intermediate quantity, as such, the rigor of Section 37 of NDPS Act will not apply to the present case; that the Petitioner has been falsely implicated in the present case. 

The State objected to the petition arguing among others that successive bail applications cannot lie before this Court. 

The High Court held that if an earlier application was rejected by an inferior court, the superior court can always entertain the successive bail application. The rejection of a bail application by Sessions Court does not operate as a bar for the High Court in entertaining a similar application under Section 439 of Code of Criminal Procedure, 1973 (CrPC) on the same facts and for the same offence. 

Further the High Court held that the observation of learned trial Court while rejecting the bail application of the Petitioner that, the offence alleged to have been committed by the petitioner is serious in nature and the same affects the society in general and the young generation in particular, cannot be the sole reason for rejection of the bail application, particularly when the allegations are yet to be established. Allowing the petitioner to remain in custody because of the reason that the offences alleged to have been committed by him are serious in nature, would amount to inflicting pre-trial punishment upon him. Every person is presumed to be innocent unless duly tried and duly found guilty. Withholding of bail cannot be as a measure of punishment. The Respondents have not placed on record anything to show that the petitioner is habitual offender or that he has previously been either implicated or convicted of similar offences. It is not the case of the Respondents that any further recovery is to be effected from the Petitioner. The discretion regarding grant or refusal of bail cannot be exercised against the Petitioner. 

Comments

Post a Comment

Most viewed this month

Deposit Of Minimum 20% Fine/Compensation U/s 148 NI Act Mandatory

In OP(Crl.).No.348 OF 2019, T.K.SAJEEVAN vs FRANCIS T.CHACKO, the appeal was filed against the order of the lower court to deposit 25% of the fine before filling of appeal. The appellant argued that the deposit introduced through the Section 148 of the NI Act after amendment was directory in nature as it used the term 'may' while mentioning the issue of deposit. The Kerala High Court however disagreeing held that in view of the object of the Legislature while incorporating Section 148 into N.I. Act, the word 'may' will have to be read as 'shall'. The imposition of payment contemplated under Section 148 N.I. Act cannot be restricted to some prosecutions and evaded in other prosecutions. Since the amount directed to be deposited being compensation, undoubtedly, it is liable to be ordered to be deposited irrespective of the nature of the prosecution. Therefore, the word 'may' can only be taken to have the colour and meaning of 'shall' and there
Post a Comment
Read more

NCLT - Mere admission of receipt of money does not qualify as a financial debt

Cause Title : Meghna Devang Juthani Vs Ambe Securities Private Limited, National Company Law Tribunal, Mumbai, CP (IB) No. 974/MB-VI/2020 Date of Judgment/Order : 18.12.2023 Corum : Hon’ble Shri K. R. Saji Kumar, Member (Judicial) Hon’ble Shri Sanjiv Dutt, Member (Technical) Citied:  Carnoustie Management India Pvt. Ltd. Vs. CBS International Projects Private Limited, NCLT Swiss Ribbons Pvt. Ltd. & Anr vs. Union of India & Ors. (2019) Sanjay Kewalramani vs Sunil Parmanand Kewalramani & Ors. (2018) Pawan Kumar vs. Utsav Securities Pvt Ltd 2021 Background Application was filed under section 7 of the Insolvency and Bankruptcy Code, 2016 alleging loan of Rs, 1.70 cr is due. The Applicate identified herself as the widow and heir of the lender but could not produce any documents proving financial contract between her Late husband and the CD but claimed that the CD has accepted that money was received from her husband. The applicant subsequently filed rejoinder claiming the debt t
Post a Comment
Read more

Jurisdiction of consumer forum is not ousted even if the other party has filed suit on the same matter in Civil Court

In Yashwant Rama Jadhav v. Shaukat Hussain Shaikh, First Appeal No. 1229 of 2017, decided on 18.11.2017,  the grievance of the petitioner before the National Consumer Disputes Redressal Commission was that appellants/complainants had entered into agreements with the respondents for purchase of residential flats, which the respondents were to construct and despite paying the substantial amount to the respondents, the construction of the flats had not been completed. The State Commission dismissed the complaints and ruled in favor of respondents against which the appellants approached the National Commission. The NCDRC held that Section ‘3’ of the Consumer Protection Act, to the extent it is relevant provides that the provisions of the Act shall be in addition and not in derogation of the provisions of any other law for the time being in force. Thus the remedy available under the Consumer Protection Act is an additional remedy, which Parliament has made available to a consumer. Even
Post a Comment
Read more