Judicial Dictionary - R
Judicial Dictionary
Legislative Dictionary
Reasonable grounds
Category | R |
---|---|
Title | Reasonable grounds |
Details |
A court acts under section 344 of the Code of Criminal Procedure upon
reasonable grounds. What constitute reasonable grounds depends on the facts of
each case but to find out reasonableness of the grounds and the necessity to
postpone a trial of a criminal case, the court ought to be guided by
consideration of public interest and public policy and not the interest of a
private party. Another fact to be remembered by the court in postponing a
criminal case is whether the criminal case is instituted by a private individual
or by the State. Further, the bonafide
of the parties moving the application for stay and the conduct of the party
moving the application for adjournment and his motive in doing so, is also
relevant in so far it can be ascertained but in doing so, one court should not
be regarded to be better than the other. ( Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD) [5380] )
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Created On | March 9, 2014, 7:56 AM |
Hits | 521 |