New Delhi, Sep 28, 2016: Bihar government admits failure in Shahabuddin bail case. The Bihar government on Wednesday admitted its failure earlier than the Supreme Court in not opposing the bail petition of RJD strongman Mohammad Shahabuddin in a murder case on the Patna High Court.
Bihar government admits failure in Shahabuddin bail case.
Senior counsel Dinesh Dwivedi, showing for the state government, additionally assailed the high court for “non-application of thoughts in granting bail” to the previous MLA from Siwan in Bihar, overlooking the provisions of CrPC within the Rajiv Roshan killing case.
“I’m not justifying no matter occurred up to now. The state has failed in its responsibility,” Dwivedi instructed the bench of Justice Pinaki Chandra Ghose and Justice Amitava Roy as he faulted the high court for granting bail to the “hardened felony” in whole disregard of Part 437 of the CrPC as Bihar government admits failure in Shahabuddin bail case.
Part 437 lays down that no particular person, who’s responsible of an offence punishable with demise or life imprisonment, or has been beforehand convicted for an offence punishable with dying, life imprisonment or imprisonment for seven years or extra, or has been beforehand convicted on two or extra events for a non-bailable and cognizable offence, shall be granted bail when Bihar government admits failure in Shahabuddin bail case
The state authorities admitted its failure in the midst of the listening to of a petition difficult the order granting bail to Shahabuddin within the Rajiv Roshan murder case. Rajiv was the only witness within the murder of his two brothers allegedly by the henchmen of Shahabuddin.
Earlier than the Bihar authorities moved the Supreme Court, Chandrakeshwar Prasad, whose three sons have been accomplished to dying allegedly by Shahabuddin’s henchmen, had approached the apex court difficult the order granting him bail as Bihar government admits failure in Shahabuddin bail case.
As Dwivedi referred to the provisions of legislation for difficult the high court verdict, the apex courtroom requested “Did public prosecutor seem earlier than the high court” and noticed that apparently it was not taken significantly by the lawyer.
“I’m not justifying or making an effort to defend the state. The state has failed in its responsibility. I’m not justifying no matter has occurred up to now. I settle for the anomaly. I settle for the shortcoming. I’m not attempting to defend it,” Dwivedi stated when Bihar government admits failure in Shahabuddin bail case.
“We will solely say that we perceive, with out commenting on it,” the bench noticed, asking as to why the factum of legal revision petition towards the order of cognizance was not dropped at the discover of the high court.