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TMI Blog1996 (5) TMI 427X X X X Extracts X X X X X X X X Extracts X X X X ..... s Act where the proceedings were initiated more than one year ago and are still pending in any court in the country; (b) to direct the unconditional release of the accused and dismissal of all proceedings pending in Criminal Courts with respect to offences under Indian Penal Code or other penal statutes which have been pending for more than three years from the date of their institution and for which offences the maximum sentence provided under law is not more than six months - with or without fine. This direction is sought in respect of all prosecutions whether lodged by police, other governmental agency or by a private complainant; (c) directing the unconditional release of all the accused and dismissal of criminal proceedings a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ne to bail them out or because there is no one to think of them. The very pendency cf criminal proceedings for long periods by itself operates as an engine of oppression. Quite often, the private complainants institute these proceedings out of oblique motives. Even in case of offences punishable for seven years or less - with or without fine - the prosecutions are kept pending for years and years together in criminal courts. In a majority of these cases, whether instituted by police or private complainants, the accused belong to poorer sections of the society, who are unable to afford competent legal advice. Instances have also come before courts where the accused, who are in jail, are not brought to the court on every date of hearing an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... concerned criminal court shall release the accused on bail or on person bond to be executed by the accused and subject to the imposing of suitable conditions, if any, in the light of Section 437 Cr.P.C. 1(c) Where the offences under I.P.C. or any other law being in force for which the accused are charged before any criminal court are punishable with seven years or less, with or without fine, and if the trials for such offences are pending for two years or more and the concerned accused have not been released on bail but are in jail for a period of one year or more, the concerned criminal court shall release the accused on bail or on personal bond to be executed by the accused and subject to imposing of suitable conditions, if any, in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... close such cases. 2(e) Where the cases pending in criminal courts under I.P.C. br any other law for the time being in force are punishable with imprisonment upto one year, with or without fine, and if such pendency is for more than one year and if in such cases trials have still not commenced, the criminal court shall discharge or acquit the accused, as the case may be, and close such cases. 2(f) Where the cases pending in criminal courts under I.P.C. or any other law for the time being in force are punishable with imprisonment upto three years, with or without fine, and if such pendency is for more than two years and if in such cases trial have still not commenced, the criminal court shall discharge or acquit the accused, as the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6. The criminal courts and all courts trying criminal cases shall take appropriate action in accordance with the above directions. These directions are applicable not only to the cases pending on this day but also to cases which may be instituted hereafter. As and when, a particular case gets covered by one or the other direction mentioned in Directions (1) and (2) read with Direction (4) above, appropriate orders shall be passed by the concerned court without any delay. The writ petition is disposed of with the above directions No costs. Note: The Registrars of the High Courts are requested to communicate copies of this Order to all the criminal courts under the control and superintendence of the respective High Courts with a d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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