न मातुः परदैवतम्

न मातुः परदैवतम् 

हे ब्रीदवाक्य 

नान्नोदकसमं दानं तिथिर्नैकादशी समा।

न गायत्र्याः परो मन्त्रः 

न मातुः परदैवतम्॥ 

या संस्कृत श्लोकातून घेतले आहे, याचा अर्थ

धान्य आणि पाण्यापेक्षा श्रेष्ठ भिक्षा नाही; एकादशी पेक्षा श्रेष्ठ कोणताही दिवस (तिथी) नाही. गायत्री मंत्रापेक्षा श्रेष्ठ कोणताही मंत्र नाही आणि आईपेक्षा श्रेष्ठ कुठलाही देव नाही....

खरंच न मातुः परदैवतम्

आपल्या अपत्याला जन्म देताना जिचा पुनर्जन्म होतो तिच्यापेक्षा कुठलाही देव श्रेष्ठ नाहीच.. 

असंख्य त्याग आणि समर्पणाच्या भावनेतून परमेश्वराने घडवलेली आई, तिच्या कर्तुत्वाला मोल नाही, तिच्या प्रत्येक गोष्टीत प्रेम, वात्सल्य, ममत्व, करुणा.. आपल्या पिल्लाला उभं करण्यात जिच्या आयुष्याची चंदना सारखी झिज होते त्या त्यागाचे मोल नाही.. प्रसंगानुरूप कधी वार करणारी तलवार तर कधी आपल्या पिल्लाला वाचवणारी ढाल... वडिलांच्या धाकासमोर पाठीशी घालणारी प्रेमळ आई, संस्काराचे बीज मनावर रुजवणारी संयमी आई, क्षुल्लक चुकांवर पांघरूण घालणारी वात्सल्यमुर्ती आई, तर प्रसंगी डोळे वटारून पाठीत धपाटा घालणारी निग्रही आई, तर कधी आपल्या तोंडातला घास आपल्या पिल्लाला भरवणारी करुणामयी आई, जितकी तिची रूपे तेवढं तिला समजणं अवघड.. आई म्हटल्यावर व्याकरणातले सगळे संदर्भ, नियम बाजूला सारून आपलेपणा जपणारी आई, नुसतं आई म्हटल्यावर डोळ्यातून घळाघळा अश्रूंचा बांध फुटावा अश्या आईचे ऋण एकच काय जन्मोजन्मी फेडता येणार नाही.. 

आपल्या पाल्याला घडविताना जिचा प्रत्येक क्षण अन क्षण सदैव देऊनच जातो तरी तिची ओंजळ यत्किंचितही ही कमी होत नाही, तिच्यापुढे कर्णाची दानशूरता फिकी पडावी असे तिचे दातृत्च, अशी आई परमेश्वराने भरभरून घडविली आहे.. आई समजायला जन्म अपुरा पडेल, तिचे ममत्व वाचायला शब्दसंपदा कमी पडते.. मृत्यू अटळ आहे, प्रत्येकाला त्याला सामोरे जावे लागते, पण त्याच वेळी आई अगदी थोडी, जराशी कळायला लागते, तो पर्यंत उशीर झालेला असतो, प्रत्येक पाल्य स्वतः आई किंवा बाप झाल्याशिवाय आई कळतंच नाही. प्रत्येकाला देवाने बुध्दी दिली असते पण ती असून सुध्दा आई कळतंच नाही हे खरे दुर्दैव. 

आईच्या मनात हिमालयाची उतुंगता असते तसेच सागराची खोली देखील, कुठे ही सुर मारण्याचा प्रयत्न करा ना शिखर गाठता येते ना तळ.. 

उर्दू कवी मुन्नवर राणा आईवर लिहिताना म्हणतात, "मेरी ख़्वाहिश है कि मैं फिर से फ़रिश्ता हो जाऊँ माँ से इस तरह लिपट जाऊँ कि बच्चा हो जाऊँ"...खरंच ना, कितीही मोठ्ठा झालो तरी आईच्या कुशीत सर्व नकारात्मक प्रवृत्ती पासून निवांत पडून राहण्यासारखे दुसरे सुख नाही.. 

आईच्या नुसत्या आठवणीने हृदय पिळवटून जाते, सकाळच्या नितळ उन्हात ऊब देणारी आई, माध्यान्हीला शीतलता देते, तर रात्रीच्या गुलाबी थंडीत मायेने डोक्यावरून हात फिरवत सगळा क्षीण क्षणार्धात घालविते.. 

हळूहळू आई वयाने खचते तरीपण तिचे डोळे तिच्या पिल्लाला दूर आकाशात उंच भरारी घेत पाहताना आसुसलेले असतात, आयुष्यभर काबाडकष्ट करून वाढविलेल्या पिल्लाला यशस्वी बघताना डोळे पाणावलेले असतात, तिच्या मनाची झालेली झीज समजतच नाही, तिच्या वार्धक्याने आलेल्या अशक्तपणाचे आकलन होत नाही, आणि जेव्हा अंतिम सत्याला ती हसतहसत सामोरी जाते तेव्हा तिच्या आठवणींचा महापूर मनाचे गाव वाहून नेतो, पार उध्वस्त करून टाकतो. 

स्वामी तिन्ही जगाचा आईविना भिकारी, अगदी समर्पक... हे सगळं आई जेव्हा नसते तेव्हा आठवायला लागतं..

मग कायम मनात एक सल डोकावत राहते की आपल्या आप्पलपोटी स्वभावामुळे स्वतःच्या उत्कर्षाच्या काळात आईचा त्याग, तिचे समर्पण याची जरासुद्धा दखल घेण्याचे औदार्य आपल्यात नव्हते, तिने जे केले ते तिचे कर्तव्य होते अश्या खुज्या मानसिकतेचा मुखवटा आपल्या चेहऱ्यावर असतो, आपल्या कातडीचे पादत्राण जरी करून आईला घातले तरी तिच्या आईपणाची परतफेड होऊ शकणार नाही.. अशी ही आई... खरंच तिच्या पेक्षा कुठलाही देव श्रेष्ठ नाही.. 

न मातुः परदैवतम्

WE THE PEOPLE

WE THE PEOPLE CAN BRING THE CHANGE

Are we Nagpurians prepared for Smart City ?

Recently, our Maharashtra Government has proposed to make Nagpur as a Smart City.  This Government is accountable, within no time it has even started the work and that day is not far when our city will be a smart city.  Looking to the present scenario we must think, whether we Nagpurians are really prepared for smart city ?   The answer is simply NO.  

In progressive India everybody desires to make progress on all count, like our Maharashtra Government too, but we the people at large does not have reciprocal actions for our Government.  It is said that, A city is known from the traffic rules followed on the streets. Just look at the traffic mess, we Nagpurians created to our city.  In our society the number of persons following law is very less than breaking the laws.    Nobody desires to follow the basic traffic rules.  The red signal is there only for 90 to 120 seconds, but we dont have that much patience also.  The four wheelers are dominating the two wheelers and vice a versa.  The pedestrians are dominated by everybody including hawkers, shopkeepers and all vehicles.  The parking problem is very crucial.  Most of the four wheelers parked are actually amounts to an offence of obstacles to the traffic as per Motor Vehicles Act.   

Except the real ambulance there are thousands of ambulances in the form of two wheelers, three wheelers and four wheelers running on the streets.    Most of the pedestrians are presuming the entire road as zebra crossing, and crossing the roads as per their whims and wish. Not only pedestrians but public on vehicles are moving in the city as if they are roaming in the garden.  We must understand, for speeding the vehicles there are competitions like Motocross, even in garden there is separate provision for walking and playing.  This must be understood truly and followed scrupulously.  

Recently, Maharashtra Government through Traffic Rules and for the safety of the people, asked everybody to wear Helmet while driving two wheelers, and also asked the persons to wear a seatbelt while driving four wheelers.  To my surprise, most of the peoples and organizations started agitation on roads.

  Can we say that public safety is not important ?  Most of the organizations are creating ruckus as if the Government has committed the sin.   The Motor Vehicle Act, as amended up to date is the rule of law.  Do we require notification each time to follow these basic rules? The people always follow the rule at their home but the moment they got out of their house, God knows what happened to them. 

Unless we the people change our mindset, no matter how our Maharashtra Government desires to make this orange city as smart city, we the people will always shatter the genuine efforts of our Government.  Everybody starts taking potshots to the government but never think as to what they have contributed for the betterment of city.   

We the people have to treat the public property as if it is our own property.   In District Court also, recently urinals are reformed, but before the second wing could start working, the urinals in former wings got destroyed.  Even the urinal pipes, taps are removed by the public as if they were belonged to them.  I feel ashamed of the mindset of people.  Similar situations are visible on the streets.  Even if the Government constructs the Urinals, people cannot guarantee about their preservation for a long term. 

We have seen regular accidents on roads and most of them are out of rash and negligent driving and for not following the basic rules of traffic.  Especially, school going kids, females and veterans are falling prey to this menace of speeding.   Not only this we are loosing so many people everyday in road accidents.  Somewhere this needs to be stopped and for that, we have to change the mindset.  If we are the followers of the western culture, then we must follow their way of following the traffic rules in their respective country.   If we follow the basic rules of traffic, that itself would be called a smart city.  In this way we will complete half the work for the government.

It is my earnest request to the Government, to keep back all their genuine efforts to make our city as a smart city for some time unless the people change their mindset and guarantee to perform their duty making their contribution to the Government.  One must understand that, Ignorance of law is not excuse.   The only thing people has to do is to change their mindset, follow the basic traffic rules, assimilate a self imposed discipline, treat the public property as our own property, protect the property, guard the property.  If the people follow these basic steps, it will be a great contribution from the public to our Government in shaping up the dream of smart city.  

At present enhancement of punishment and fine is the real need of this hour.  As compared to the foreign countries the fine amount in India is very much less.  Similarly, it is also required bring the yearly renewal system for vehicles and licenses has to be suspended if the person found committing offence more than twice, so as bring some deterrence in the mind of public.

    It is my earnest request to our Government, to simply force a crackdown on the wrongdoer, enforce all the traffic rules scrupulously and make them feel what they are doing to this city. Unless these casuals are not taken to task, their mindset will not be changed at once.    While summing up, I can only say and pray, Let some wisdom be prevail upon the public, because we the people can bring the change.  So let us change our mindset and strengthen the hands of our beloved Chief Minister, in shaping this city as smart city. 

Jayant Aloni

Advocate

SUGGESTIONS TO IMPROVE COLLEGIUM SYSTEM

SUGGESTIONS TO IMPROVE COLLEGIUM SYSTEM

At the outset, it is a welcome decision of Hon’ble Supreme Court to invite the representation and suggestions from the public who are desirous to make contribution for improving the working of Collegium System for appointment as Judges of High Courts and Supreme Court.  

The undersigned is practicing as an Advocate since 1996 in Nagpur District Court.  During the years 2001 to 2009, the undersigned had worked as a Civil Judge in Maharashtra Judiciary and after resignation resumed practice in Nagpur District Court.  While working as a Civil Judge, the undersigned was fortunate enough to closely see the working of eminent judges of Lower Judiciary as well as High Court.  But at the same time the undersigned experienced some anomalies in the judicial system and desirous to write down in the four categories as informed in the Public Notice as under :-

TRANSPARENCY

1.       The word transparency itself means qualitative.  Mere utterance of word transparency multiple times does not tantamount to transparency but it should be seen through the action.  While having transparency the basic anomalies are required to be removed at an earliest convenience.
2.       Equality before the law is a fundamental concept of our legal system.  All judicial officers take an oath to administer the law without fear, favour, affection or ill will.  But unfortunately it is not found so normally in the High Court. Now a days, the justice dispensation system has been converted in to justice distribution system.  The kiths and kins are practicing before them and how can a judge administer the law without favour and affection, or fear and ill will.  In such situation justice is only assured not secured.
3.     The first and foremost suggestion to remove the discrimination amongst the judicial officers of lower judiciary and the high court.  When a Civil Judge or District Judge is appointed, he is never posted in his native place or the place where he has practiced before his selection as a Civil Judge or District Judge.
4.        But the same rule is not followed for the Judges of High Court.  There lacks the transparency.  If the Civil Judge or District Judge is not posted at his native place or place of practice till he demits the office then same rule be applied for the Judges of High Court and Supreme Court.
5.         Normally an Advocate practices in High Court for years together naturally and obviously gets involved with many colleagues at his bar.  Some in nice manner and some adversely.  After appointment as a Judge of High Court, he himself cannot become integrated automatically.  The slightest amount of inclination is always there with the group of lawyers he has worked with, which is translated in the favorable orders while sitting as a Judge of High Court. 
6.    Merely becoming a Judge of High Court and Supreme Court does not tantamount that the person has a highly impeccable integrity automatically.  In order to remove the sophisticated moneyless corruption amongst the judiciary, applying the same rules to the Judge of High Court and Supreme Court as that of the Civil Judge or District Judge is a need of this hour.
7.       For that there needs increase of at least 3 more benches of Supreme Court so that the Judge of Supreme Court whose kiths and kins are practicing in Supreme Court can be migrated to these three benches.
8.       The benches of High Court in the state are required to be increased considering the population of the State.  In case of Judge of High Court, prior to their appointment, choice can be given to them to choose any High Court other than they have practiced, or the other bench of the parent high court if any, so that their practicing kiths and kins will not influence the justice dispensation system.

Summary of Suggestions as regards Transparency

A)   The rule which is applicable while appointing a Civil Judge or District Judge be applied mutatis mutandis while appointing a Judge of High Court or a Supreme Court.

B)     A Judge of High Court or a Supreme Court should not be appointed at his native place or the place where he has practiced.

C)   At the most a Judge can be asked to give three choices of any High Court or other bench of parent High Court other than they have practiced, so that they can be transferred on their choicest posting.

D)    There must be 3 more benches of Supreme Court.  It is the need of an hour to create more benches of Supreme Court as it is out of economic budget of the poor litigants residing at the farthest place to always reach singular Supreme Court at Delhi.

E)     The benches of High Court are required to be created considering the population of the State. 

F)     To accommodate the Judge of Supreme Court, whose kiths and kins are practicing in Supreme Court, such Judge needs to be transferred to the other benches of Supreme Court.

G)   A strict transfer policy at the time of appointment is required to be formulated so that no Judge can sit in the benches where their kiths and kins are practicing.

ELIGIBILITY

1.        The present rule of appointing a Judge of High Court amongst the advocates practicing before High Court only has destructed the legal fabric of judicial system.  The advocates practicing before High Court only deals with constitutional matters and writ jurisdiction and very few of them are aware about the Evidence Act and other allied laws.  It is also observed that most of them having absolutely no knowledge of the manner exhibiting documents and niceties of Evidence Act and other allied laws, which is prime concern of fact finding court.  Then such advocates after their appointment as a Judge of High Court failed to deliver justice in Appeal matters. Everywhere natural justice is not a deciding factor rather marshalling of facts and evidence is of paramount importance.  In appeal matters it requires real courage to understand the basic import of the procedural laws and substantive laws, which unfortunately does not see in some of the Advocates practicing only in High Court.  Therefore the appointments must be made amongst the advocates practicing in District Courts. 
2.     Similarly, while appointing a Judge of High Court and Supreme Court, the practicing lawyers from the District Judiciary ought to be considered.  While considering, their candidature to test their judicial acumen their interviews may be taken instead of calling for their reports from Senior District Judges and recommendations of senior advocates.  Otherwise, the candidates will be put to extra work of polishing the District Judges and Senior Advocates for their reports and recommendations.  
3. No push and pull theory needs to be adopted for appointment of a Judge of High Court and Supreme Court.  The Senior Advocates pushes their well wishers amongst their kiths and kins and the Judges representing the same groups prior to their appointments pulls them and places them with highest remarks before the collegiums.  This push and pull theory has ruined the life of meritorious advocates and aspirants only for the reason of not being the member of particular family or a group.
4. The appointments of Judge of High Court and Supreme Court certainly are not a matter of lineal descendants. But it requires the    highly impeccable integrity, judicial  acumen,  judicial  balance and focus.         All these characters do not depend   upon the relatedness and close acquaintance of a sitting judge or a former   judge.     All  these  characters  can  be  found  through  the  standard questionnaire  and    the    interviews   of   each  candidate.   The  practice   of recommendations  from  a  Sitting  Judge, Senior Advocates and Senior District Judges are required to be removed from the rule book.

Summary of Suggestions as regards Eligibility

A)   The candidate or aspirant for the post of Judge of High Court or Supreme Court be considered from the District Judiciary.

B) The practice of calling reports from Senior District Judges and recommendations from Senior Advocates are to be removed from rule book.

C)   Pull and push theory of recommending the advocates of particular family and group for the post of Judge of High Court and Supreme Court required to be scrapped.

D)    Appointments of Judge of High Court and Supreme Court from the pool of lineal descendants be strictly prohibited.

E)     All candidates for the post of Judge of High Court and Supreme Court must be asked to go through standard questionnaire and the interviews.

F)     No appointments are to be made on recommendations from Senior District Judges, Senior Advocates, Minister, Governor and any person with political affiliation.   

SECRETARIAT

1.     There must be a secretariat comprising of retired judges of Supreme Court, High Court and District Court at all the capital of the States with having main secretariat at the Centre.  This will be in aid to pick up the right candidate who can be in the zone of consideration.  They can be monitored through the local police stations in order to know their whereabouts, antecedents and personal character.
2.         This secretariat will be completely independent of executives, bureaucrats and be made accountable for the information and database of the aspirants for the post of Judge of High Court and Supreme Court.
3.          The secretariat will only collect the information and handover to the collegiums and will not have any power to pick up or discard any candidature as per their whims and wishes.

Summary of suggestions as regards SECRETARIAT

A)   Secretariat shall be strictly comprising of retired judges of Supreme Court, High Court and District Court at every state capital and the main at the Centre.

B) Secretariat shall be completely independent of executives and bureaucrats.

C)   Secretariat shall have no power to allow or discard the candidature of any aspirant.

COMPLAINTS

1.       No anonymous and frivolous complaint needs to be entertained.  Due to the groups amongst the advocates there are chances of complaints out of personal vendetta and requires to be rejected out rightly.  Only complaints with names and signature supported with material evidence should be considered.
2.      The complaints are required to be filed before the secretariat and upon the receipt of the complaint; work of concerned Judge or aspirant requires to be stopped till the preliminary investigations are completed.
3.           The complaints at the Secretariat level requires to be completed within 15 days and report be sent to the concerned Chief Justice of High Court who will take the decision within 30 days from the date of its receipt upon the report received and the opportunity to the concerned aspirant to explain.

Summary of suggestions as regards COMPLAINTS

• A       No anonymous and frivolous complaints be entertained.
• B)     The complaints with names and signatures supported with material        evidence should be considered.
• C)   Time frame of resolving the complaints needs to be fixed.

MISCELLANEOUS

1.           The transfer policy for the judges of High Court and Supreme Court be made     applicable to the existing sitting judges. 
2.          There  should  not  be  any  interference  of   political  families,   parties while      appointing the judges.
3.       Recommendation by anybody itself creates the way of hobnobbing which  leads to money or moneyless corruption or corruption in barter form i.e. giving relief or to give bashing to advocates representing particular groups or particular families.
4. The  retired   Judge  of High Court and Supreme Court be posted in Secretariat and  not  in  the  Tribunals and other constitutional machinery as it will increase the  influence  in  pre-retirement  judgments  for  the post-retirement posts and benefits.
5. Instead the Judges who could not make it to the post of a Judge of High Court and Supreme Court can be appointed in the Tribunal and Other constitutional machinery.

Summary of suggestions as regards MISCELLANEOUS

• A)  Transfer policy must be made applicable to existing sitting judges at an earliest convenience.
• B)     No interference of persons of political affiliation
• C)   Recommendations strictly prohibited.
• D)    No re-appointments of Judge of High Court and Supreme Court on Tribunals and Other Constitutional Machinery.
• E)     Appointments to Tribunals and Other Constitutional Machinery shall be strictly from the judges who could not make out to the post of a Judge of High Court or Supreme Court.

Recently the Supreme Court has declined the NJAC for the reasons mentioned in the judgment.  Therefore it is incumbent to strengthen the Collegium System and the same can be strengthened only on the rigid policies and strict implementation.  The reasons for declining the NJAC should not be allowed to enter in the Collegiums System by ways of recommendations, undue approaches by political parties, senior advocates and senior district judges.

      JAYANT ALONI

                                                                                                     

Criminal Trial

Stages of Criminal Trial

STAGES OF CRIMINAL TRIAL.

Normally a Criminal Trial has to travel through      main stages from the lodging of F.I.R. till its judgment, they are as under :-

1.       FIR       :-           Any person can launch prosecution against the person committing any legal wrong.  A complaint can be lodged orally or reduced in to writing before the police station within whose jurisdiction an offence is committed.  The Police Officer in-charge of the police station considers the complaint and registered

2.         Inquiry and Investigation    :-        An police officer after the receipt of the complaint under section 154 of the Code of Criminal Procedure, and matter is taken up for the investigation.

2-A.     If the Police Officer in-charge does not found any material in the complaint then he can register the complaint under section 155(2) of Code of Criminal Procedure and issues a receipt thereof to the complainant.

3.         Upon registering the F.I.R. and during investigation, a Police Officer can arrest the suspect and took him for remand.  Soon after the arrest the accused has to be produced before the Magistrate within 24 hours from the time of his arrest, for authorizing further detention as contemplated under section 57 of Code of Criminal Procedure.

4.         The Police Officer in-charge can ask for Police Custody of the accused under section 167 of Code of Criminal Procedure if the investigation cannot be completed within 24 hours. (See Sec 57 of Cr.P.C.)

5.         The magistrate considering the application can grant Police Custody to the accused which shall not be more than fifteen days in the whole. 

5-A.     If the magistrate does not fit it proper to grant police custody then the accused is taken in Magisterial Custody.  (See Sec 167 of Cr.P.C.)

6.         Soon after the MCR, an accused can apply for grant of Bail, within the provisions of section 436, 437 and 439 of Code of Criminal Procedure.

7.         During the investigation, a police officer in-charge can search, seize the material from the possession of accused, or elsewhere kept by the accused.  ( See Section 27 of Evidence Act )

8.         After the completion of investigation, if the police officer found incriminating substance and prima facie case is made out, then he put up charge sheet against the accused.  If the offence is punishable with death, life or not less than 10 years, then charge sheet is to be filed within 90 days.  Whereas the offence is punishable less than 10 years then charge sheet is to be filed within 60 days.  ( See Section 167 (2) (a) (i) and (ii) of Cr.P.C.

8-A.     Upon receipt of charge sheet under section 173 of Code of Criminal Procedure, the court can either accept the charge sheet and put the accused to trial or reject the charge sheet and discharge the accused.

8-B.     If upon the completion of investigation, the police officer does not found any prima facie case, then he can file a final report requesting a discharge of accused.       

8-C.    Upon receipt of the final report, the magistrate can either direct the police officer to re-investigate and file report or can issue notice to the complainant for hearing upon the final report requesting the discharge of accused.

8-D.     If the complainant does not satisfy with the final report requesting discharge of accused, he can request for treating the same as protest petition and try the accused independently.

9.         On acceptance of charge sheet, the accused has to take necessary bail from the court and mater is posted for plea or charge as the case may be.  Whenever the offence is punishable with two years of punishment, then such cases are called as summons case and tried as summary trial within the exception of section 260 of Cr.P.C. and the rest of the matters are tried as summons case. (See Section 239, 240 and 251 of Cr.P.C.)

10.       On complying section 251 or 240 as the case may be, the matter is posted for evidence of the prosecution witness.  (See section 242 and 254 of Cr.P.C.) 

11.       Sometimes prior to commencement of evidence of prosecution the prosecution issues notice under section 294 of Cr.P.C. to admit documents to the accused.  By this way the evidence of the witnesses for which the document is admitted is curtailed during the trial.

12.       Whenever the evidence is to be recorded, the court has to record the evidence as provided under section 274 of Cr.P.C. for summons case and section 275 of Cr.P.C. for warrant case.    For summary trial u/s 260 of Cr.P.C. the evidence is recorded as provided under section 263 of Cr.P.C.

13.       After recording the evidence, the matter is posted for statement of accused under section 313 of Cr.P.C, wherein the incriminating evidence brought against the accused is explained to the accused.

14.       Thereafter the matter is posted for evidence of the defense if any.  If the accused does not desire to adduce his own evidence or any other evidence in his defense then matter is posted for Arguments. (See Section 314 of Cr.P.C. for arguments )

15.       After the completion of arguments the matter is posted for judgment.  If there is a judgment of acquittal in summons case then it is to be given under section 255(1) of Cr.P.C. and conviction under section 255(2) of Cr.P.C.

16.       Similarly the judgment of acquittal in warrant cases are given under section 248(1) of Cr.P.C. and conviction under section 248(2) of Cr.P.C.

17.       If the conviction is given, then the copy of the judgment is to be provided to the accused forthwith free of cost.

18.       In case of sentence the magistrate is empowered to pass the sentence up to three years and fine not exceeding Rs. 10,000/-.  Similarly the CJM can pass sentence up to 7 years.  ( see Section 29 of Cr.P.C.)

19.       The sentence of imprisonment in default of payment of fine can be given not exceeding 1/4^th of the sentence which magistrate can inflict as punishment.  (See Section 30 of Cr.P.C.)

20.       The magistrate can also award compensation to the complainant while recording the judgment of conviction.  ( See Section 357(1) and 357 (2) of Cr.P.C.)

21.       If the accused has undergone any detention during the period of investigation and trial then while convicting him, a set off can be given under section 428 of Cr.P.C.)

22.       Upon conviction, accused can request for suspension of sentence under section 389 (3) of Cr.P.C.

23.       In view of section 437-A of Cr.P.C. accused has to submit bail bonds to appear before the next appellate court.

Civil Suit Trial Stages

Schedule of Cases (Amended)