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TMI Blog2016 (6) TMI 356X X X X Extracts X X X X X X X X Extracts X X X X ..... before the CJM on August 14, 2013. He was remanded to judicial custody till August 21, 2013. The bail application was declined by CJM, vide order dated August 21, 2013 and judicial remand was extended till September 4, 2013. The respondent moved the Sessions Court, Rohtak for grant of bail in which notice was issued for August 27, 2013. Reply was filed in the bail application. Even written submissions were made in the application. The Sessions Judge vide order annexure P-8 had granted bail. The cancellation of bail has been prayed for on the ground that the investigation was pending at the juncture when bail was granted and an number of persons were not joining inquiries despite summons under Section 14 of the Act. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... would be governed by the old provisions prior to May 10, 2013, should be set aside as the procedure law can be made operative retrospectively. The main contention of learned counsel for the petitioner is that the amendment which was made vide Bill NO. 17 of 2013 making the offence non-bailable, should be construed to be retrospective in nature and it should be held that respondent would be deemed to be an accused in non-bailable offence despite the fact that the offence committed by him was prior to May 10, 2013, as the duty evasion alleged in the case is from January 2012 to April 2013 and duty exceeds Rs. 50 lacs. The contentions of learned counsel for the petitioner have been answered by the learned Sessions Judge by making the followi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spectively. It is trite law that every statute prospective unless it is expressly or by necessary implication made to have retrospective operation. Right of appeal may be a substantive right but the procedure for filing the appeal including the period of limitation cannot be called a substantive right, and aggrieved person cannot claim any vested right claiming that he should be governed by the old provision pertaining to period of limitation. Procedural law is retrospective meaning thereby that it will apply even to acts or transactions under the repealed Act. Law on the subject has also been elaborately dealt with by this Court in various decisions and reference may be made to few of those decisions. This Court in Garikapati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... It is pertinent to mention here that there is no saving clause in the newly amended provisions or there is no manifest intention that the amendment which came into effect would operate retrospective and as such it has to be held that the enactment which came into effect was prospective in nature and not retrospective and as such the accused- applicant would be governed by the old provisions i.e. prior to 10.5.2013." In view of the above observations, the respondent had been granted the concession of bail. I have considered the above said observations and taking into consideration the contentions of learned counsel for the petitioner, I do not find any infirmity in the observations made by the Sessions Judge in applying the princip ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r that the Court may also direct that a person referred to in clause (ii) be released on bail if it is satisfied that It is just and proper so to do for any other special reason: Provided also that the mere fact that an accused person may be required for being identified by witnesses during investigation shall not be sufficient ground for refusing to grant bail if he is otherwise entitled to be released on bail and gives an undertaking that he shall comply with such directions as may be given by the Court. Provided also that no person shall, if the offence alleged to have been committed by him is punishable with death, imprisonment for life,, or imprisonment for seven years or more, be released on bail by the Court under this sub- section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... losing such facts to the Court or to any police officer or tamper with the evidence, And may also impose, in the interest of justice, such other conditions as it considers necessary. (4) An officer or a Court releasing any person on bail under sub- section (1) or sub- section (2), shall record in writing his or its [reasons or special seasons] for so doing. (5) Any Court which has released a person on bail under sub- section (1) or sub- section (2), may, if it considers it necessary so to do, direct that such person be arrested and commit him to custody. (6) If, in any case triable by a Magistrate, the trial of a person accused of any non- bailable offence is not concluded within a period of sixty days from the first d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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