TheChandigarh Police on Thursday (February 6, 2020) arrested dismissed Session Judge Subhash Chandra Marwaha, who was produced before the Court of Tej Pratap Singh Randhwa, Civil Judge Senior Division on the premises of District Court in Sector 43.
This is not the first instance, the arrested judge was declared a proclaimed offender in a case filed by the Registrar of Companies.
Subhash Singh Marwaha was dismissed in 2002 after an enquiry against him for corruption. He was hiding from Court since long but when a case of adultery against him was presented before the Court for which he appeared, the police then and there arrested him in the court premises and produced him before the Judge who sent him to Judicial Custody till February 18, 2020.
Marwaha has served as the judicial officer in Chandigarh. Last week, in another case for adultery, a non-bailable warrant was issued against him and in that case he was granted bail.
The Registrar of Companies has filed a case in which he is liable to pay amounts due against him. In an order dated Nov 18, 2019 in the case of Registrar of Companies v. M/s Unique Innovative Networking Sales & Service Private Ltd, Marwaha was declared a proclaimed offender after he failed to appear before the court.
Bail granting provisions under CrPC
When we talk about bailable and non-bailable offences, bail becomes a right when the offence is bailable but it becomes a matter of Court’s discretion when the offence is non-bailable.
Section 473 under Criminal Procedure Code, 1973 - confers a discretionary power on the Court or the concerned Police Officer the power to release the accused on bail, accused of non-bailable offence. Exception being that the accused should not be charged with offence punishable with death or imprisonment for life.
However certain persons are exempted-
- Person under the age of 16 years
- Sick or infirm person
Section 439 talks about the special power of High Court or Court of Session regarding bail -
(1) A High Court or Court of Session may direct.
(a) That any person accused of an offence and in custody be released on bail, and if the offence is of the nature specified in sub-section (3) of section 437, may impose any condition, which it considers necessary for the purposes mentioned in that sub-section;
(b) That any condition imposed by a Magistrate when releasing any person on bail be set aside or modified:
Provided that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence which is triable exclusively by the Court of Session or which, though not so triable is punishable with imprisonment for life, give notice of the application for bail to the Public Prosecutor unless it is, for reasons to he recorded in writing, of opinion that it is not practicable to give such notice.
- A High Court or Court of Session may direct that any person who has been released on bail under this Chapter be arrested and commit him to custody.
Author: Aarya Mishra