Legal Question in Criminal Law in India

Role of public prosecutor
Ld counsels,

What is the role of public prosecutor while appearing for an anticipatory bail hearing. Once the bail is ordered is it valid or legal for the PP to say that he had failed to notice the allegations in the complaint and had reported only the part of the offenses made out in the complaint to the court during the hearing.

How will such a failure be treated by the court at a later point. The point here is that the bail was pryed fearing arrest based on dowry complaint and the prosecutor confirmed that it is a case of dowry demand. But later the complaint copy was altered by police with allegations of cheating which was not repoted by the PP during the hearing.

Please clarify. Thanks

Asked on 6/12/09, 10:01 am

6 Answers from Attorneys

RAMAN KUMAR BHARDWAJ R.K. BHARDWAJ & ASSOCIATES

0 users found helpful

0 attorneys agreed

Re: Role of public prosecutor

once the bail application has been approved and the order has been announced in the open court, the PP has no role to play,

Answered on 6/13/09, 10:50 am

Mark as helpful

Aniruddha Pawse Aniruddha.P.Pawse Advocates

0 users found helpful

0 attorneys agreed

Re: Role of public prosecutor

Once the bail order is made the court generally will not consider alterations after the order.

Answered on 6/12/09, 10:05 am

Mark as helpful

Vishwa Arya Arya & Co.

0 users found helpful

0 attorneys agreed

Re: Role of public prosecutor

The PP has missed the train and cannot catch it. Nor can he catch the next train to derail you from the benefit of anticipatory bail already granted. The rule of bail is totally different from the rule of cancellation of bail. The state cannot use its power for cancellation of bail liberally. supreme Court says the cancellation of bail, once granted, has to be in rarest of rare cases when a fraud has been played in getting the bail. Or the accused has abused the freedom of bail in threatening or intimidating the witnesses or removing evidences which has to be substantiated by the state through pp.

For further query do not hesitate to write

Vishwa Arya

Answered on 6/12/09, 10:22 am

Mark as helpful

Pranav Desai PD Legal & Associates

0 users found helpful

0 attorneys agreed

Re: Role of public prosecutor

Once bail is ordered no ignorance from the PP can make the court change the order.

Answered on 6/16/09, 1:46 am

Mark as helpful

Shrichand Nahar S.V.Nahar, Advocate

0 users found helpful

0 attorneys agreed

Re: Role of public prosecutor

To err is part of human life. Since PP is also a human, he can commit error. If you have anything to suggest or draw a reasonable inference that it was not error and was an intentional act or omission, then consequences follow.

Answered on 6/13/09, 12:47 am

Mark as helpful