Default Bail Granted Erroneously Can Be Cancelled By High Court U/s 439(2) CrPC: Supreme Court

first_imgTop StoriesDefault Bail Granted Erroneously Can Be Cancelled By High Court U/s 439(2) CrPC: Supreme Court LIVELAW NEWS NETWORK20 Nov 2020 6:19 AMShare This – xThe Supreme Court has observed that a ‘default bail’ illegally or erroneously granted under Section 167(2) Cr.PC can be cancelled under Section 439(2) Cr.PC.In this case, the High Court had allowed the petition filed under Section 439(2) CrPC, by the Intelligence Officer, Directorate of Revenue Intelligence, Bangalore Zonal Unit, Bangalore, requesting to cancel the regular bail granted to…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Supreme Court has observed that a ‘default bail’ illegally or erroneously granted under Section 167(2) Cr.PC can be cancelled under Section 439(2) Cr.PC.In this case, the High Court had allowed the petition filed under Section 439(2) CrPC, by the Intelligence Officer, Directorate of Revenue Intelligence, Bangalore Zonal Unit, Bangalore, requesting to cancel the regular bail granted to accused under Section 167 (2) Cr.P.C.The accused were being prosecuted for the offences under Section 8(c) read with Section 21(c), 22(c), 23(c), 28 and 29 read with Section 38 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Before the High Court, the prosecution submitted that in fact, a single charge sheet in the subject case was before the Additional Sessions Court, Omerga, Maharashtra State, as a part of subject crime arose within the jurisdiction of the said Sessions Court at Omerga; though the charge sheet is filed within 180 days from the date of remand of the accused. They contended that the Special Sessions Judge, Hyderabad, since this fact was not brought to his notice, erroneously granted default bail to the accused.The Apex court, while upholding the High Court order noted the following observations made in Pandit Dnyanu Khot Vs. State of Maharashtra and Ors., (2008) 17 SCC 745:”The proviso to Section 167 itself clarifies that every person released on bail under Section 167(2) shall be deemed to be so released under Chapter XXXIII. Therefore, if a person is illegally or erroneously released on bail under Section 167(2), his bail can be cancelled by passing appropriate order under Section 439(2) CrPC. This Court in Puran v. Rambilas [(2001) 6 SCC 338] has also clarified that the concept of setting aside an unjustified, illegal or perverse order is totally different from the concept of cancelling the bail on the ground that the accused has misconducted himself or because of some new facts requiring such cancellation.”While dismissing the appeal, the bench comprising Justices Ashok Bhushan, R. Subhash Reddy and MR Shah further observed:It is true that two offences, one at Hyderabad being at the instance of D.R.I., Hyderabad namely D.R.I. 48 of 2018 was registered and another case Special NDPS No. 17 of 2018 by the D.R.I., Bangalore, Zonal Unit. A combined complaint taking care of both the offences was filed before the Special Court, Omerga as noted above wherein offences committed by the accused were also inquired and dealt with. There is ample material in the complaint that the transportation of narcotic substance started from Omerga, Maharashtra and was being allegedly to be taken to Chennai and intercepted at Hyderabad. The complaint, which has been brought on the record gives the detailed facts including the journey and the interception of appellants at Hyderabad. The combined complaint having been filed on 06.07.2018, i.e., well within 180 days, the High Court did not commit any error in cancelling the default bail granted to the appellants on 12.07.2018.CASE: VENKATESAN BALASUBRAMANIYAN vs. THE INTELLIGENCE OFFICER, D.R.I. BANGALORE [CRIMINAL APPEAL NO.801 of 2020]CORAM: Justices Ashok Bhushan, R. Subhash Reddy and MR ShahCOUNSEL: Sr. Adv M. Karpaga Vinayagam, ASG Vikramjit BanerjeeClick here to Read/Download JudgmentRead JudgmentSubscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

USU Football Begins Spring Practice March 10

first_img Tags: USU Football FacebookTwitterLinkedInEmailLOGAN, Utah-Utah State football commences spring practice March 10 at 3:15 pm at the Stan Laub Indoor Football Complex or, weather permitting, at Merlin Olsen Field at Maverik Stadium.Through April 9, the Aggies will participate in 15 practice sessions which will conclude with the Blue-White game at 5:30 pm MDT that afternoon.Six practices will be open to the public: March 10, 14, 21, 28 and April 4 and 9.Following all practices, media interviews will be available upon request.Following a  7-6 season in 2019, Utah State returns 13 starters, including senior receiver Savon Scarver, only the third consensus All-American in school history.Other returning starters include senior offensive lineman Demytrick Ali’ifua, senior safety Troy Lefeged Jr., senior linebacker Kevin Meitzenheimer, senior receiver Jordan Nathan, senior offensive lineman Ty Shaw, senior defensive end Justus Te’i, senior tight end Carson Terrell, junior offensive lineman Alfred Edwards, junior cornerback Andre Grayson, junior offensive lineman Kyler Hack, junior receiver Deven Thompkins and sophomore offensive lineman Karter Shaw.The Aggies commence the season Thursday September 3 at home against Washington State. March 9, 2020 /Sports News – Local USU Football Begins Spring Practice March 10 Written by Brad Jameslast_img read more

Hannon makes Power Curragh link

first_img Press Association The Tattersalls Gold Cup is a possible option for Shifting Power after the four-year-old gained a confidence-boosting success at Windsor on Monday night. A return to Group One company is definitely on the cards now, while Hannon may consider stepping Shifting Power up to a mile and a quarter, possibly at the Curragh on May 24. “He hit the crossbar a few times in the top grade last season, so getting his head back in front will have done wonders for his confidence,” the trainer told www.richardhannonracing.co.uk. “This was always going to be the season when he would blossom as he is a big horse and has only just filled his frame. “But there are plenty of good races coming up for him, including Epsom and Royal Ascot, while he is also in the Tattersalls Gold Cup at the Curragh should we choose to step him up in trip.” center_img Richard Hannon’s colt was winning for the first time since last April when he stretched a length and a three-quarters clear of Complicit in the Listed Royal Of Windsor Stakes. Shifting Power was highly tried after his Free Handicap victory at Newmarket last term, finishing fourth in the 2000 Guineas and second in both the Irish equivalent and the Prix Jean Prat. last_img read more

Video: Mario Balotelli inhales helium balloon then sings Liverpool songs

first_imgEver the entertainer, Liverpool striker Mario Balotelli’s latest escapade involves singing ‘Liverpool’ with a high pitch helium voice.Fresh from having a liver bird shaved into his barnet, ahead of the Merseyside derby, the Italian striker has been filmed inhaling helium from a balloon, then singing the name of his new team.We’re not too sure about his singing voice, helium or not, but Kopites will be praying he hits the right notes on the pitch when the Redmen face Everton at Anfield.As far as Liverpool fans are concerned, though, Balotelli can sing what he wants, as long as – unlike the balloon – he’s not a let down!last_img read more

No turning back for 2010 hosts

first_img2009 promises to be another heady year for South Africa, but in just 12 months, hundreds of millions of people around the globe will be tuning in for the 2010 Final Draw, an event that will kick-start the biggest celebration this continent has ever seen. TNS Research Surveys, which has gauged public confidence levels over preparations for 2010, says every South African stands to benefit considerably from our hosting of this event. Nobody said it was going to be easy, and for South Africa, gearing to host the biggest single-code sporting event on the planet, 2008 has certainly proved to be more than a litmus test. As Fifa Secretary General Jerome Valcke recently remarked: “There is no turning back.” Urquhart is a former Fifa World Cup media officer and the current editor of Project 2010 Xenophobia, widespread power cuts, the resignation of President Thabo Mbeki and a humanitarian crisis in Zimbabwe were just some of the distractions organisers of the tournament had to contend with. The grinding machinery tasked with building and renovating stadiums in all 10 host cities as well as numerous other 2010-related construction projects has performed remarkably well. So much so, that both Fifa and the 2010 Local Organising Committee have expressed confidence that South Africa will meet its 2010 requirements ahead of schedule. 24 December 2008 “We need to harness this energy to talk up the event,” the organisation said in a recent statement. “We recall the incredible energy and joy that swept the whole country when the bid result was announced. Negativity risks damaging this energy and can affect our actual ability to do what we know we can do.” In addition, preparations for the 2009 Confederations Cup – a key curtain-raiser for the World Cup – are on target, with tickets selling briskly. There was also good news on the crime front, with the launch of the recruitment process for 41 000 extra police officers by 2010 and the acquisition of high-tech security equipment – including helicopters, body armour and high-tech bomb disabling equipment – for the tournament. Apart from the labour disputes, spiralling construction costs and political in-fighting that are part and parcel of preparing for an event of this magnitude, there were plenty of other issues. And yet, there was much to draw hope and inspiration from. What a long, strange year it has been. South Africa’s preparations for the 2010 Fifa World Cup have been marked by extraordinary highs and lows.last_img read more

Six Technologies Poised to Change the Future of Film

first_imgWhat does the future hold for filmmaking? These six new technologies may change things in ways you haven’t imagined.Top image via LytroIn 1885 two French brothers invented the first moving picture machine and filmed a train arriving at a station and everyone lost their minds. Since then, the medium has evolved; film has added color and sound and become digital and three-dimensional. We’ve seen the likes of D. W. Griffith, Orson Welles, Alfred Hitchcock, Stanley Kubrick, Keanu Reeves, and Steven Spielberg all work to redefine what we consider to be movies, film, cinema and good.Now it’s 2016 and we’re over a hundred years removed from The Great Train Robbery. Screens are getting smaller and smarter, while films are getting bigger and more diverse and easier to consume than ever before. At the current rate, what we perceive as films will change much more drastically in the next hundred years than the last. Here are six emerging filmmaking technologies that just might be the instruments of that change.1. Light Field TechnologyImage via LytroCameras are progressing at a rate that can only be described as “whoa” and are even beginning to break the rules of image capture. A new camera by Lytro, the ILLUM, is the world’s first commercially available “light field camera.” What does it do?Well, basically when you take a picture with the ILLUM, you capture all of the image with all of the available information. Not just the parts in focus. Not just the light you see. All of it. Everything. Which essentially lets you decide in post what you want your aperture and focus to be.You can read more about the science here and explore the company’s other high-tech endeavors here.2. Flat LensesImage via Harvard SEASA team of Harvard researchers are working to patent a new type of optical lens that is flat rather than curved. Why you ask? Because a flat, ultra-thin lens can theoretically offer complete accuracy over a wider range of wavelengths and reduce chromatic aberrations usually associated with curved-lens capture. The new technology would certainly re-image how we create and package cameras — possibly resulting in doing away with any connotations of what a “camera” does and looks like.3. iPhone 7 Dual-Lens CameraWhile, the iPhone 7 won’t be the first phone camera to use dual lenses — it’ll probably be the best. Apple’s purchase of LinX Imaging gives the company the technology to give their phones SLR-quality image capturing capabilities, along with the always included fun gimmicks and features. There have already been some celebrated feature films shot on iPhones in the past, so it may not be too long before it becomes less of a gimmick and more of a trend.4. Canon PatentsImage via CanonAs we posted about earlier this month, there have been some hints and patent leaks that point to some major Canon announcements by the end of the summer. Highlights include a new Canon 5D, a camera which has routinely shaken up the world of digital video and photography over the last decade. And a possible Canon C700 to compete with the ARRI AMIRA. Regardless of your feelings about the brand, the breakthroughs seem to be speeding up as pixel counts sky rocket and the high-end bottoms out toward better cameras in the hands of more and more people.5. Computerized Sound DesignImage via MIT CSAILFrom this Washington Post article, MIT researchers have developed a computer system that can analyze silent video and add in realistic sound. While this is a work in progress based on the findings in the report, the notion of computerized algorithms sound designing an entire film could open up a whole world of possibilities for other elements of production.6. AI-written ScreenplaysWhich leads into this eerie and odd look into how a computer’s “mind” works.  New York University AI researcher Ross Goodwin teamed up with director Oscar Sharp to create Benjamin: a self-named recurrent neural network that penned its own screenplay after being fed dozens of science fiction movies as source material.You can watch the finished product (starring Silicon Valley’s Thomas Middleditch) awkwardly unfold above. (Thankfully, it doesn’t appear Benjamin is on the fast-track to taking over Hollywood anytime soon.)There’s no real way to tell what the future holds in store. If the last century has served as any indication (the jump from Buster Keaton silent comedies to fully rendered interspecies adventures), there really aren’t any good ways to predict what will ever be next. As long as artists keep creating stories and audiences keep watching, it’s really just up to us to enjoy the ride. Have any other imaginations on the future of film? Let us know in the comments below.last_img read more

Strengthening AgriTourism Link To Reduce Food Import Bill

first_imgFacebook Twitter Google+LinkedInPinterestWhatsApp 10 IMMIGRATION KIOSKS INSTALLED AT SANGSTER INTERNATIONAL AIRPORT Related Items:agri-tourism, food import bill, Hon. Dr. Wykeham McNeill, reduce, Tourism Linkages Hub Facebook Twitter Google+LinkedInPinterestWhatsAppKINGSTON, July 3 (JIS): Tourism and Entertainment Minister, Hon. Dr. Wykeham McNeill, says the strengthening of linkages between tourism and agriculture has the potential to boost both sectors and reduce the country’s food import bill.He said a demand study conducted by the Tourism Linkages Hub, housed in the Ministry, indicates that tourism can potentially generate the “greatest benefits” for farmers and the suppliers of local produce.Dr. McNeill was addressing tourism and agriculture interests at the first in a series of Tourism Linkages Hub stakeholders’ consultations held recently at the Golf View Hotel in Mandeville, Manchester.Noting that the tourism industry is “doing quite well,” welcoming some 3.5 million stopover and cruise ship visitors over the past two years, he said the sector has also attracted “significant levels of investments” with an additional 5,500 hotel rooms earmarked for development over the next three years.Dr. McNeill said the Government is looking to translate the success of the sector to other segments of the society, including the agricultural sector. He argued that by producing food and selling it to the hotels, attractions, and guest houses, the money stays in Jamaica and reduces imports. “That’s what we want to do…that’s how we are going to grow the economy of Jamaica, and that’s how we are going to enrich Jamaicans,” the Minister said.Dr. McNeill said that for the linkage to work, all stakeholders must collaborate to determine the produce needed, and how these will the supplied in terms of volume, quality, cost, and timelines.“I have said to the hub that we are going to put the systems in place. They have done the demand study; I have gone through it… (but) more work needs to be done; we are going to have to drill down even more into this area (agriculture),” Dr. McNeill said.“The opportunities are there; it’s up to us to really push and do it,” he added.In his remarks, Agriculture, Labour and Social Security Minister, Hon. Derrick Kellier, said the agro-tourism linkage is an idea “whose time has come.”He commended Dr. McNeill on his vision to establish the linkages hub, and the focus on increasing the supply of local produce to the tourism market. “Dr. McNeill and his team truly understand that cuisine is, indeed, a major component of the tourism and hospitality industry, and that market, therefore, is an attractive and lucrative one for the agricultural sector,” he noted.Mr. Kellier said a close examination of Jamaica’s high food import bill shows that a large proportion of the products brought in goes to the tourism sector.“We believe, however, that Jamaican produce and our renowned cuisine must be a part of the menu provided in our hotels and resorts. We, therefore, welcome every strategy that will enable us to increase our supply to a market that has come right into our front room,” he stated.Mr. Kellier added that: “Jamaica can only prosper on a sustainable basis when we develop and maintain linkages to ensure that every industry and economic activity allows as many people as possible, to prosper.”Over 50 representatives of public and private sector institutions and interests attended the meeting. Recommended for you Tourism Minister Welcomes Spanish Hotel Chain Melia Jamaica Secures Additional Airline Seats Out Of Europelast_img read more