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Report No. 36

7. Report of Uttar Pradesh Police Commission.-

The above suggestion1 regarding amendment of section 497 was made by the Government of Uttar Pradesh in pursuance of the recommendation made by the U.P. Police Commission,2 which is quoted below:-

"We have received overwhelming evidence that after being bailed out the bullies and goondas tamper with evidence, threaten witnesses, and sometimes commit crimes afresh. It was urged that the powers of the Sessions Court to grant bail are too wide and restrictions similar to those applicable to Magisterial Court, should be placed on its powers. We agree that the court which has the power to try and acquit an accused should have full powers to deal with interim matters. We also feel, that any absolute restriction on the powers of the Sessions Court would lead to inconvenience and expense inasmuch as the accused will have more often to run to the High Court.

We, however, recommend that the law should be amended authorising the Sessions Court to grant conditional bail in appropriate cases relating to specified offences such as dacoity, murder, etc. In granting a conditional bail the court may impose conditions requiring the person to reside in a particular locality or to abstain from visiting a particular locality, or to report daily to the police or any other specified authority. It should also be provided by law that in granting bail it should also be considered whether the accused is likely to tamper with the evidence.".

1. Para. 6, supra.

2. Report of the U.P. Police Commission, para. 152, referred to in the suggestion.

Section 497, 498 and 499 of the Codeof Criminal Procedure, 1898 - Grant of Bail with Conditions Back

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