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1 - 5 of 5 (0.85 seconds)Section 309 in The Indian Penal Code, 1860 [Entire Act]
Rajdeo Sharma vs State Of Bihar on 14 May, 1999
If any court finds that the day to day examination of
witnesses mandated by the legislature cannot be complied
with due to the non co-operation of accused or his counsel
the court can adopt any of the measures indicated in the
sub-section i.e. remanding the accused to custody or
imposing cost on the party who wants such adjournments (the
cost must be commensurate with the loss suffered by the
witnesses, including the expenses to attend the court).
Another option is, when the accused is absent and the
witness is present to be examined, the court can cancel his
bail, if he is on bail (unless an application is made on his
behalf seeking permission for his counsel to proceed to
examine the witnesses present even in his absence provided
the accused gives an undertaking in writing that he would
not dispute his identity as the particular accused in the
case.)
The time frame suggested by a three-Judge Bench of this
court in Rajdeo Sharma vs. State of Bihar {1998 (7) SCC
507} is partly in consideration of the legislative mandate
contained in Section 309(1) of the Code. This is what the
Bench said on that score:
Section 149 in The Indian Penal Code, 1860 [Entire Act]
The Code of Criminal Procedure, 1973
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