Modern College of Law, Mohan Nagar, Ghaziabad is organizing a National Conference on “Need to Restore the Anticipatory Bail in U.P & Uttarakhand: Where Jail, not Bail is a Rule” on March 10, 2018.
About National Conference:
“Bail is money or some form of property that is deposited or pledged to a court, in order to secure the release from jail of a suspect who has been arrested, with the understanding that the suspect will return for their trial and required court appearances.
Cr.P.C 1973 provides is two kind of bails: Regular bail & Anticipatory bail. Anticipatory bail is a direction to release a person on bail, issued even before the person is arrested.
Chapter 33 of the Cr.P.C 1973 is based on the principle of “Bail is a right & Jail is an exception” but actually it is not follows in U.P. & Uttarakhand as far as anticipatory bail is concerned.
As Section-438 of Cr.P.C. 1973, which lays down the provision of anticipatory bail, has been omitted for the purpose of U.P. by a State Amendment, vide Section 9 of the U.P. Act No. 16 of 1976 with effect from 28-11-1975, which was also applies to Uttarakhand, since in 1975, Uttarakhand was also the part of U.P.
Thousands of people in both states have suffered because of the non-availability of anticipatory bail. In the case of registration of a criminal case with non-bailable sections of the IPC, a person has only one option to save himself from arrest move the High Court at once.
While a resident of UP has to rush to Allahabad High Court or the Lucknow Bench of the court, a person from Uttarakhand has to move Nainital High Court to get a stay on arrest under section 482 of the Code of Criminal Procedure, 1973.
A majority of people in both the states neither have the resources, nor the right contacts to get such relief. Those who can afford it have to travel long distances and spend a lot of money in the process. This also increases the load on High Courts of the two states. A contributing factor to the overcrowding of jails could also be the non-availability of anticipatory bail in UP and Uttarakhand.
As in our opinion all other states of the country have provision of the anticipatory bail and Uttar Pradesh & Uttarakhand lacks the above said provision.
In this regard we would like to say that all laws made in country should be practiced with equality along the Indian territory and the provision of anticipatory bail being available to the people of states like Gujrat, Maharashtra, Bihar etc. and not available to the people of Uttar Pradesh & Uttarakhand is direct violation of the fundamental rights enshrined in the constitution of India and many of the cases in recent 42 years showcase the need to restore the provision of the anticipatory bail in the states of Uttar Pradesh & Uttarakhand.
Theme of Seminar:
- Analysis the current Laws regarding anticipatory bail in India.
- Application & Procedure of Anticipatory Bail in other states of India.
- Pros & Cons of Anticipatory Bail in U.P. & Uttarakhand, if restore.
- Present Practical Scenario of anticipatory bail in U.P & Uttarakhand.
- Attitude of State Government towards anticipatory bail in U.P & Uttarakhand.
- Role of Judiciary in U.P & Uttarakhand regarding anticipatory Bail.
- Role of U.P. legislature in Omitting Sec-438 Cr.P.C. from U.P.
- Misuse of Anticipatory Bail in other States of India.
Call for Papers:
Research Papers are invited from academicians, practitioners, researchers, scholars & students on the issues related to above mentioned themes. It is also proposed that the selected papers by the committee will be published in a special volume of the conference in a form of an edited book with ISBN No.
Guidelines for Abstract:
The Abstract should contain 300-350 words accompanied by a brief profile of the author/co-author indicating his e-mail ID, contact number & official address. Abstract will be reviewed and only those abstracts approved by the reviewers will be selected.
A softcopy of the Abstract in Microsoft Word should be mailed to only [email protected] till 20th February, 2018.
The registration form should be attached with Abstract. Approval of Abstracts will be sent till 22nd February, 2018.
Guidelines for Paper Submission:
The generalized paper size kept is A4 with margin of 1.5 inch left margin and 1.5-line spacing. The Paper should be typed in Times New Roman only with font size of 12pt. References should be given separately at the end of the Paper & arranged alphabetically. The full length Paper both in Microsoft Word & PDF format should be sent to only [email protected] till 24th February, 2018.
Articles received after the stipulated deadline will not be entertained for presentation in the Conference. Notification for the confirmation will be sent till 28th February, 2018. Please adhere the guidelines of copyright while submitting the Papers.
Request for registration of delegates for National Conference should reach to – HOD (Law), Modern College of Law, 431 Anand Industrial Estate, Mohan Nagar, Ghaziabad-201007 in the enclosed registration form along with a demand draft favoring “Modern College of Law” payable at Ghaziabad or alternatively payments can be done through NEFT Transfer – details and payment receipt has to be mailed along with Registration Form. Travelling expenses will not be reimbursed.
|Research Scholars & Students
|Academicians and Law Professionals
Bank Account Details for NEFT are as under:
Name of the Bank Oriental Bank of Commerce,
Name of the Account: Modern College of Law,
Nature of the Account: Current,
Account Number: 02721131003033
IFSC Code: ORBC0100272
Branch-Karhera, Mohan Nagar, Ghaziabad.
Please send Fee along with Duly Filled Registration Form
|Last Date of Submission of Abstract along with Registration Form
||20th February, 2018
|Notification of Acceptance of Abstract
||22nd February, 2018
|Last Date of Submission of Full length Paper
||24th February, 2018
|Notification of Acceptance of Full length Paper
||28th February, 2018
||10th March, 2018
For Other Queries Please Contact the Following:
- Mr. Ankur Gupta: +91 9711149736
- Mr. Pradip Kashyap : +91- 8802437640
Download Brochure by clicking here.
This post was first published on:
22 Jan 2018