Comprehension
The Supreme Court of India, in Sangitaben Shaileshbhai Datanta v. State of Gujarat, [2018 SCC OnLine SC 2300] was examining a question where a court, after grant of bail to an accused, ordered the accused and their relatives to undergo scientific test viz. lie detector, brain mapping and narco-analysis. This Court held that direction of the court to carry out such tests is not only in contravention to the first principles of criminal law jurisprudence but also violates statutory requirements. The Court held: “While adjudicating a bail application, Section 439 of the Code of Criminal Procedure, 1973 is the guiding principle wherein Court takes into consideration, inter alia, the gravity of the crime, the character of the evidence, position and status of the accused with reference to the victim and witnesses, the likelihood of the accused fleeing from justice and repeating the offence, the possibility of his tampering with the witnesses and obstructing the course of justice and such other grounds. Each criminal case presents its own peculiar factual matrix, and therefore, certain grounds peculiar to a particular case may have to be taken into account by the court. However, the court has to only opine as to whether there is prima facie case against the accused. The court must not undertake meticulous examination of the evidence collected by the police, or rather order specific tests as done in the present case. In the instant case, by ordering the abovementioned tests, the High Court has converted the adjudication of a bail matter to that of a mini-trial indeed.”
Question: 1
In which of the following cases the Supreme Court of India held that the jurisdiction of High Court under Section 439 of Code of Criminal Procedure, 1973 is related to grant or denial of bail during pendency of trial?
In which of the following cases the Supreme Court of India held that the jurisdiction of High Court under Section 439 of Code of Criminal Procedure, 1973 is related to grant or denial of bail during pendency of trial?
Updated On: Aug 22, 2024
- Chaman Lal v. State of Himachal Pradesh, 2020 SCC OnLine SC 988
- Maheshwar Tigga v. State of Jharkhand, (2020) 10 SCC 108.
- State of Madhya Pradesh v. Bablu, (2014) 9 SCC 281.
- State rep. by the Inspector of Police v. M. Murugesan, (2020) 15 SCC 251
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The Correct Option is D
Solution and Explanation
The correct option is (D) : State rep. by the Inspector of Police v. M. Murugesan, (2020) 15 SCC 251
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Question: 2
Which of the following statements is true regarding the special powers of High Court regarding bail under Section 439 of Code of Criminal Procedure, 1973?
Which of the following statements is true regarding the special powers of High Court regarding bail under Section 439 of Code of Criminal Procedure, 1973?
Updated On: Jul 11, 2024
- High Court may direct that any person who has been released on bail be arrested.
- High Court may undertake meticulous examination of the evidence collected by the police.
- High Court may direct specific tests, such as narco-analysis to be conducted.
- High Court may pass any order in exercise of its inherent powers.
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The Correct Option is A
Solution and Explanation
The correct option is (A) : High Court may direct that any person who has been released on bail be arrested.
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Question: 3
Which of the following statements is not true regarding the special powers of High Court regarding bail under Section 439 of Code of Criminal Procedure, 1973?
Which of the following statements is not true regarding the special powers of High Court regarding bail under Section 439 of Code of Criminal Procedure, 1973?
Updated On: Jul 11, 2024
- High Court may direct that any person accused of an offence and in custody be released on bail.
- High Court may direct that any condition imposed by a Magistrate when releasing a person on bail be set aside or modified.
- High Court may pass any order, which in the opinion of the court, could be in the interest of justice and personal liberty of the arrested person
- High Court may direct that any person who has been released on bail be arrested and commit him to custody
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The Correct Option is C
Solution and Explanation
The correct option is (C) : High Court may pass any order, which in the opinion of the court, could be in the interest of justice and personal liberty of the arrested person
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Question: 4
While deciding an application for grant of bail, the court has to
While deciding an application for grant of bail, the court has to
Updated On: Jul 11, 2024
- Conduct a mini-trial to ascertain whether there is prima facie case against the accused.
- Opine as to whether there is prima facie case against the accused
- Examine all witnesses to understand the possibility of the accused obstructing the course of justice.
- Conduct a preliminary inquiry without taking cognizance of the offence.
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The Correct Option is B
Solution and Explanation
The correct option is (B) : Opine as to whether there is prima facie case against the accused
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Question: 5
Under Section 439 of Code of Criminal Procedure, 1973, the special powers regarding bail may be exercised by
Under Section 439 of Code of Criminal Procedure, 1973, the special powers regarding bail may be exercised by
Updated On: Jul 19, 2024
- High Court only.
- High Court or Court of Session.
- High Court or Court of Session or Judicial Magistrate First Class.
- High Court or Court of Session or any Magistrate.
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The Correct Option is B
Solution and Explanation
The correct option is (B) : High Court or Court of Session.
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Question: 6
Under Section 439 of Code of Criminal Procedure, 1973, the Court may impose any condition which it considers necessary while releasing an arrested person on bail, if the alleged offence(s) is
Under Section 439 of Code of Criminal Procedure, 1973, the Court may impose any condition which it considers necessary while releasing an arrested person on bail, if the alleged offence(s) is
Updated On: Jul 11, 2024
- Offence against the State or offence against public tranquillity.
- Offence affecting the human body or offence against property
- Offence against the State or offence against public tranquillity or offence affecting the human body
- Offence against the State or offence affecting the human body or offence against property
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The Correct Option is D
Solution and Explanation
The correct option is (D) : Offence against the State or offence affecting the human body or offence against property
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