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UP to file counter affidavit on provision of anticipatory bail

Written by: Staff

Allahabad, May 9 (UNI) In a significant order, Allahabad High Court today asked the Uttar Pradesh government to file a counter affidavit within six weeks with regard to framing an ordinance in UP to restore the provision of anticipatory bail.

Remarking the matter was of considerable importance, the bench comprising Justices Imtiaz Murtaza and Amar Saran had required the presence of UP advocate general to assist the court on question of appropriateness of an ordinance being issued restoring section 438 as it presently exists in CrPC.

The court said a HC division bench on July 29, 2002 had strongly recommended UP to consider framing an ordinance for restoring the povision for anticipatory bail by repealing section 9 of the UP Act no 16 of 1976 and empowering the sessions court as well as HC to grant anticipatory bail.

The court will hear the case on July 10, 2006. The bench was also of the opinion it will help the poor.

The court further said the provisions of anticipatory bail will also save the state exchequer and more time will be available with the investigating officers for probe related work.


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