No Necessity To Call Upon Accused To File Counter In Extension Application, Presence Only Needed To Consider Objections: Madras HC
The Madras High Court recently observed that when an application for extension was filed by the prosecution, the presence of the accused was ensured only to inform him about the application and consider the objections, if any. Justice Sunder Mohan emphasized that while considering the application for extension, the court was only required to consider whether the report of the prosecutor satisfied the twin conditions – that there was appreciable progress in the investigation and that there are compelling reasons to justify further detention pending investigation. The court was hearing a batch of pleas by accused persons whose application for statutory bail was rejected by the trial court. The court however noted that the application for statutory bail was not considered along with the application for extension which was in violation of the directions of the Constitutional bench of the Supreme Court. In the present cases, the court noted that the trial court had not disposed of the extension application and bail application together and also failed to consider the extension application in an expeditious manner.
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