Court can reject anticipatory bail but cannot direct accused to surrender: SC
New Delhi (PTI): A court can reject anticipatory bail of an accused but it has no jurisdiction to direct him to surrender before the trial court, the Supreme Court has said.
A bench of Justices J B Pardiwala and Ujjal Bhuyan made the observation while hearing a plea filed by a man accused of cheating and forgery.
"If the court wants to reject the anticipatory bail, it may do so, but the court has no jurisdiction to say that the petitioner should now surrender," the bench said.
The Jharkhand High Court had rejected anticipatory bail plea of the accused and asked him to surrender and seek regular bail.
In this case, a complaint had been filed before a magistrate alleging offences under Sections 323 (voluntarily causing hurt), 420 (cheating), 467 (forgery of valuable security), 468 (forgery for purpose of cheating), 471 (using forged document) and 120B read with 34 of the IPC, in connection with a land dispute.
The high court had dismissed the second anticipatory bail application of the accused on the ground that no new circumstances were shown.
It had relied on its earlier order rejecting his first anticipatory bail plea, in which the court directed the petitioner to surrender before the trial court and seek regular bail in terms of the decision in Satender Kumar Antil v. CBI.
The top court said such a direction was wholly without jurisdiction and said that if a court chooses to reject anticipatory bail, it may do so, but it cannot compel the accused to surrender.
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Nashik court sends ‘godman’ Kharat to 3-day police custody in 7th sexual exploitation case
Nashik (PTI): A court in Maharashtra's Nashik has remanded self-styled astrologer-cum-godman Ashok Kharat to police custody till April 29 in the seventh case of sexual exploitation registered against him.
Kharat, a former Merchant Navy officer arrested on March 18, is accused of sexually exploiting several women and indulging in large-scale financial fraud by claiming to have divine powers and knowledge of black magic.
In the seventh case, Kharat sexually exploited a married woman who had approached him in search of solutions to her family problems.
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The accused allegedly gave the woman something to drink, sexually assaulted her while her husband sat outside his office and threatened to kill her if she told anyone about it.
The Special Investigation Team (SIT), which is probing into 12 cases of sexual exploitation and financial fraud registered against Kharat in Nashik and Ahilyanagar districts, on Sunday filed a request application in the court demanding his custody in the seventh case.
Kharat was produced in court for a virtual hearing in the seventh case on Monday.
The prosecution demanded six-day police custody for Kharat, citing the discovery of a locker in Kharat's house during the investigation, from which the police recovered two blank cheques and other documents, all of which have to be probed.
The court agreed to the prosecution's demand and remanded Kharat to three-day police custody till April 29 in the case.
Kharat has been at the centre of a political firestorm, as he was well-connected, and photographs of him with political leaders and other important members of society have been surfacing in mainstream and social media since his arrest.
