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Report No. 142

9.21. Commentary.-

If by the making of an application which is rejected the accused is to suffer any prejudice he would be deterred from invoking the beneficial provisions of the scheme. It would, therefore, be necessary to provide to the effect that neither a copy of the application that has been rejected or the brief reasons therefor, if any, shall be mad available to anyone other than the accused and that it should be statutorily provided that even if this fact comes to the notice of the court trying the case in the event of the matter going for a regular trial, it shall not result in any prejudice to the accused person.

It shall also be provided by statute that the public prosecution of the aggrieved party shall not be entitled to mention the making of such an application or the fact that it was rejected in the trial court or the appellate court in case of an appeal arising from the order of the trial court and that if any mention is made, it shall constitute contempt of court punishable with a minimum sentence of imprisonment for 7 days.



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