06/10/2016

Improper on part of another HC bench to hear Raj Ballabh’s bail plea: Bihar govt counsel in SC






Patna,(BiharTimes): Bihar government’s standing counsel in the Supreme Court Gopal Singh, who is opposing the bail of Nawada MLA, Raj Ballabh Yadav on Wednesday,  said the accused should not have been granted bail by the Patna High Court as another bench was hearing the bail application. Ironically, the High Court refused to grant bail to the co-accused in the case. It was improper on the part of another bench to hear the matter.

The state government has alleged in its petition in the Supreme Court that it had opposed the change of bench and requested the High Court not to hear the MLA’s bail application as it was being heard by another bench. However, the court of Chief Justice Iqbal Ahmad Ansari proceeded with the case and Raj Ballabh was granted bail on September 30. The suspended RJD MLA was subsequently released on October 2.

The bail has also been opposed on the ground that Section 437 of the CrPC has not been followed in this particular case. The Section looks into the antecedents of the accused. In this case there were so many complaints of intimidation by the family members of the accused.

The state government, in its petition before the Supreme Court, also pointed out that the High Court had refused to grant bail to other co-accused in the case, including women who allegedly “supplied”  the girl to the MLA, but granted bail to main accused.

The petition also said that the bail should not have been granted as the case was being heard on a day to day basis, the very ground on which the co-accused has been denied bail.

 

 

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