Lower court has issued orders for conviction under sec 7 and 13 of PC Act
2 months ago
The Lower court (ACB) has issued orders for conviction under sec 7 and 13 of PC Act for a period of 1 year each section Simple Imprisonment. Challenging the Lower court orders my uncle was filed a Criminal appeal before High Court, after 17 years the high court has allowed Sec 7 and dismissed Sec 13 by confirming Lower court order and directed the Lower court to take steps for imposing punishment to Accused.
Now we need one clarification, that as per High Court Orders, the Lower court will issue notice to the Accused ? Is there any time period is there for surrender to the police? Is accused can apply for bail or stay order from Supreme?
A.Dear client,
Section 7 talks about how A public servant is not allowed to take any kind of reward for doing an official act other than legal compensation. The act of a person in a position of authority engaging in corrupt behaviour is the acquisition of improper benefits. The punishment varies from 2 years to 7 years without or without fine. Under Section 439, of CrPCSessions Courts and High Courts alike have the independent power to set bail for criminal offences. In such circumstances, the accused may choose to request bail before the Sessions Court or the High Court, but not both at once. The surrender should be done immediately after the notice from the lower court.
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Section 7 talks about how A public servant is not allowed to take any kind of reward for doing an official act other than legal compensation. The act of a person in a position of authority engaging in corrupt behaviour is the acquisition of improper benefits. The punishment varies from 2 years to 7 years without or without fine. Under Section 439, of CrPCSessions Courts and High Courts alike have the independent power to set bail for criminal offences. In such circumstances, the accused may choose to request bail before the Sessions Court or the High Court, but not both at once. The surrender should be done immediately after the notice from the lower court.
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A.Dear Client,
An offense punishable under Section 165 A of the Indian Penal Code shall be deemed to be a cognizable offense for the purposes of the Code of Criminal Procedure and non-bailable. Section 7 of the Prevention of Corruption Act 1988 mentions “a public servant who shall accept any gratification other than lawful remuneration for an official act.” Provided that no person charged with an offense under the Prevention of Corruption Act shall be released on bail unless the Public Prosecutor has been given an opportunity of being heard to oppose the bail application. So, once a notice is issued by the lower Court in compliance with the order of the High Court, the accused has to surrender before the Police failing which the Court may issue a non-bailable warrant of arrest against the accused. In non-bailable offenses, the accused must surrender and attend court proceedings and apply for bail in front of a judge. If, in any case, triable by a Magistrate, the trial of a person accused of any non-bailable offense is not concluded within a period of sixty days from the first date fixed for taking evidence in the case, such person shall, if he is in custody during the whole of the said period, be released on bail to the satisfaction of the Magistrate, unless for reasons to be recorded in writing, the Magistrate otherwise directs.
An offense punishable under Section 165 A of the Indian Penal Code shall be deemed to be a cognizable offense for the purposes of the Code of Criminal Procedure and non-bailable. Section 7 of the Prevention of Corruption Act 1988 mentions “a public servant who shall accept any gratification other than lawful remuneration for an official act.” Provided that no person charged with an offense under the Prevention of Corruption Act shall be released on bail unless the Public Prosecutor has been given an opportunity of being heard to oppose the bail application. So, once a notice is issued by the lower Court in compliance with the order of the High Court, the accused has to surrender before the Police failing which the Court may issue a non-bailable warrant of arrest against the accused. In non-bailable offenses, the accused must surrender and attend court proceedings and apply for bail in front of a judge. If, in any case, triable by a Magistrate, the trial of a person accused of any non-bailable offense is not concluded within a period of sixty days from the first date fixed for taking evidence in the case, such person shall, if he is in custody during the whole of the said period, be released on bail to the satisfaction of the Magistrate, unless for reasons to be recorded in writing, the Magistrate otherwise directs.
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