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High Court sets guidelines for ACPs

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  • The High Court also directed that the guidelines laid down by it has to be followed by principal sessions judges in Maharashtra and principal secretaries of the state, law and judiciary departments and home department for further reference and action.

    What the court wants
    * A person should be given sufficient time to furnish bond and surety, if an order is passed by a magistrate at an interim stage or final stage.
    * The magistrate shall not ask for an interim bond at any stage of inquiry, unless he is satisfied about the truth or the information he has received which is sufficient enough to make out a case for seeking bond.
    * If a magistrate passes an order under sub-section (3) of Section 116 of Chapter VIII of the CrPC directing a person to be sent to jail, a copy of the order shall be sent to the principal sessions judge immediately. On going through the order, if the judge finds any illegality in the magistrate’s order and feels it is a fit case of preferring a revision, he may intervene under Section 397 of the CrPC.
    * If a person is sent to jail, a copy of the order should be sent immediately to the superior of the magistrate in the police department.

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