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Release of Accused on Bond Instead of Bail at the First Instance in Obedience to Court Summons or Warrant

By Arun Gupta

Published In

Cri LJ 1995

With the growing deterioration in the law and order situation, coupled with the accentuation of political rivalry the number of private complaints in Magisterial Courts have increased by leaps and bounds. On receipts of such complaints, a Magistrate (not below the rank of First Class) after being fully satisfied that a prima facie case exists may issue his summons or warrant as the case may be for the attendance of the accused under Section 204 of the Code of Criminal Procedure. Now, whenever a Summon or a Warrant is issued in the name of any accused, he has to appepar before the Court and prayed for bail under Section 436 or 437 of the Code of Criminal Procedure as the case may be. But here arises a pertinent question. When an accused appears before a Magistrate at the first instance in obedience to this summons, why he would then be compelled to prav for bail for his release from the Custody of the Court. Had he failed to appear before a Magistrate in spite of the issuance of proc ....

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