Can accused submit an application seeking permission to file additional documents on the day of "order" in bail cancellation matter u/s 439(2) before the district court? Matter was posted for final order and accused advocate submitted such application last minute asking for permission. The only objective of the accused to bring such an application on the very last moment is to prolong the matter so that vacation starts or the chargesheet is filed by the Police (as its not filed yet) Court had put exhibit on his filed application seeking permission to file additional documents and kept for other side to say thus granting additional time to accused. Is it permissible since the argument for both-side already finished on previous date and it was kept for "order"? Is it permissible at law? Also, is there a Supreme Court / High Court case law explaining the same? To try fixing above, we are now planning to file "Taken On Board" application 2 days before our matter's next date as we really need to expedite to change the stage from "reply/say" back to "order". Will accused advocate again make an excuse of showing himself unavailable even if the "taken on board" application is allowed by the Court? Also, as each day is important for us, we will try to request to the court to pass the final order. There is no need of argument/hearing on that application as its irrelevant and does not disclose any new fact/evidence related to the bail cancellation application filed. Please share opinions or any other aspects that we should be aware of.
1. The accused can seek liberty to file its objection to the bail cancellation petition and therein he can add any document in support of his defence.
2. Since the next date is fixed for passing order, at that stage it is difficult to submit the document but the court can always at its discretion allow filing of documents.
3. Since bail cancellation petition has grave consequences the court takes a very lenient view allow the defence to be taken by the accused person.
- Under Section 439(2) of the Code of Criminal Procedure, there is provision of cancellation of bail , and it gives the High Court or Court of Session the authority to arrest and detain a person who was released on bail if there are valid reasons to do so.
- As per the Supreme Court , cancellation of bail cannot be ordered merely for any perceived indiscipline on the part of the accused before granting bail, hence the Court can give time to the accused for proving his part as to why the bail not cancelled upon the application of the opposite party.
- Further, the Court cannot give more time for the disposal of the application for the cancellation merely on the ground of absence of advocate.
"The bail already granted may be cancelled if it is found that the person who has been granted the benefit of bail has violated any of the conditions or misused the liberty by influencing the witnesses or tampering with the evidence.
In the interest of justice court can grant application for accused to file additional documents
2) if taken on board application is allowed you can file your say on said date
He can file only if such documents were not in his knowledge before otherwise he cant
Dear client, the accused has the right to file an objection to the bail cancellation petition, and he can include any document in support of his defence. The court may at its discretion, grant the accused person an additional opportunity to submit supporting documentation for his objection to the cancellation application. The court must take the accused's arguments into account when determining whether to grant an application to cancel the bail.
Recently supreme court in a judgement has held that, "The bail already granted may be cancelled, if it is found that the person who has been granted the benefit of bail has violated any of the conditions or misused the liberty by influencing the witnesses or tampering with the evidence.”
If taken on board application is accepted the accused's advocated must be present at that date while the court passing the order.
We will be filing taken on board application to orally tell Court that we have NO SAY and hence matter maybe again proceeded for ORDER. Questions below: 1. Will the respondent advocate object TAKEN ON BOARD? But since we have no say or rather our say/reply is "NO SAY", there is no way accused advocate can object? As the documents that accused advocate wants to file on this very last moment of ORDER are irrelevant and not bringing any new evidence which would affect the main bail cancellation matter. But unfortunately, this application changed the stage from ORDER to REPLY/SAY and there is no hearing needed on it. 2. If the accused advocate is not present while the matter is taken on board, how will that affect? There is a chance that accused advocate will intentionally remain absent as he had already played a mischief as per the instructions of accused by filing an application seeking permission to file irrelevant documents on the day of ORDER. 3. Can Court change the stage from REPLY/SAY to HEARING before proceeding to the ORDER? Matter is already heard for both the parties. Here, I am taking about the hearing on that application to file documents which accused had filed on the last moment of ORDER and not the hearing of main bail cancellation matter. 4. What other factors to keep in mind before going ahead with taken on board application?
1) issue notice to accused advocate .even if he is absent inspite of notice court can proceed with the case and record your statement that you do not wish to file any reply
2) court may then pronounce order on next date of hearing
3) however it is not necessary that order would be passed on date mentioned as court may adjourn the case if judge does not have time to dictate judgment and pronounce order
Even if the object court will proceed for orders. It will be decided on merits
1. The respondent advocate cannot object , and this will depends upon the discretion of the Court to give further reply in the matter or to pass an order
2. The Court will pass its order even in the absence of the respondent advocate .
3. Since, the matter is already heard by both the parties , then court will not wait for the reply or filing of the additional documents , and hence the court will pass order without giving further time.
1. The court has to listen to the objections raised by opposite advocate in case he informs court about his objections to the petition filed by you, court cannot ignore it, besides the documents may be unnecessary but court will permit the opposite side to file the documents at this stage also because no orders have been passed. The decision will depend on court's discretion and the court will pass order on merits.
2. If the opposite side has filed the petition to receive additional documents, then it becomes your duty to either no objection or no say, hence in that event it will not make any difference whether the opposite advocate is present or absent on that date becasue it is you who has to express say or no objection to his petition.
Whether the documents filed by the opposite party before court bat this stage are relevant or irrelevant will be decided by court on its merits i.e. whether to rely upon them or dismiss the petition.
3. If you express no objection to his petition seeking permission to file additional documents, then the court will post the matters either for fresh hearing of both the sides or proceed with passing orders on the next hearing
Dear client, the respondent advocate cannot object the Take on Board application. If the respodant advocate is not present even then the court will pass the order if the applocation was accepted. The court is already set to give the order will not go to the stage of hearing it will only be at reply/stay and if there are no objections then will give the order.