Dr. Sunil Puri v. State of Chhattisgarh - 2006 Supreme(Online)(Chh) 73

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2006 Supreme(Online)(Chh) 73

CHHATTISGARH HIGH COURT
, J
Dr. Sunil Puri v. State of Chhattisgarh

Table of Content
1. debate over right of audience in bail applications. (Para 1 , 3)
2. context of anticipatory bail application. (Para 2)
3. need for fairness in trials against accused. (Para 4 , 5 , 6 , 7 , 8 , 9 , 12)
4. conclusion on counsel's rights in bail applications. (Para 10 , 15)
5. arguments on representation and audience rights. (Para 11)

1. A short question raised for consideration is as to "Whether a lawyer engaged by the first informant has a right of audience while opposing a bail application filed under S.438 of the Code of Criminal Procedure ?"

2. The brief facts are that apprehending arrest in connection with Crime No. 16/2006, registered at Police Station Telibandha, Raipur (C.G.) for commission of the offence punishable under S.409 of the IPC, the applicant has field this application under S.438 of the Code of Criminal Procedure (hereinafter referred to as CrPC or Code) for grant of anticipatory bail. It is stated that the first informant is Indira Gandhi Agricultural University, Raipur. After filing of this application, the first informant, by M.Cr. P. No. 566/2006 is seeking permission to assist prosecution and to make objection to the bail application. A reply