Courts are not critical of Hostile Witnesses, therefore they are not punished. Otherwise, neither Courts nor Police can force / compel Witnesses to speak what they wished to listen. This was set out in The Indian Evidence Act.
Hostile Witness is a one who testifies before the Court that he has no knowledge of the crime and / or gave adverse comments against the Prosecution on the case.
There is no restriction over number of Witnesses in a case. The Court can hear any number of relevant Witnesses brought before it.
Anyone of any age can be witness. The only thing is that the Court would assess the person if it has doubt over his / her mental tenacity by asking few random questions like – name, age, occupation, address, father’s name etc.
As Bail is the rule of law and which needs to be followed by the Courts. Similarly, return of seized Properties to the Accused before commencing of Trial or during Trial and / or as and when the Court hears such prayer from the Accused, it is legally bounden duty of the Court to direct[…..]
The Accused then invoke Section 457 of Cr.P.C. and claim the return of seized properties by the Police.
The Properties those seized by the Police during arrest of an Accused can only be restored to him by the Jurisdiction Court. The Accused upon his release on Bail may file a Petition under Section 451 of Cr.P.C. in the Court and prays for return of his properties seized by the Respondent Police. The Court[…..]
When an Accused was arrested and jailed he has only choice to get him released is by filing a Bail Petition under Section 436 / 437 of Cr.P.C. in the jurisdiction Court and prays for his release.
Yes. The Orders passed by the Appellate Court with respect to Anticipatory Bail mostly comes with a tag of expiry [to present required sureties]. The AB Order, if not executed within the timeframe, the same ceases its validity. Otherwise, the validity of the Order to present sureties with the jurisdiction Court ranging from 1 week[…..]
When an Accused apprehends arrest at the hands of the Respondent Police, he approach either the Sessions / District Court or the High Court by exercising the Cr.P.C. provision Section 438 and prays for his immediate release if arrested by the Respondent Police – who indicted him as Accused in the FIR.