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Balbir Singh and anr. Vs. State of Punjab

Court : Supreme Court of India

Reported in : 1995(43)BLJR343; 1994(4)SCALE904; (1995)1SCC90; [1994]Supp5SCR422; 1995(1)LC275(SC)

..... there was no challenge in the cross-examination of pw15 either about the obtaining of the necessary permission from the air force authorities to serve the warrant on the appellant or about the delivery of the custody of the appellant by the air force authorities for being taken to police station dharamkot for trial by the ordinary criminal courts under the code. ..... choice between criminal court and court-martial - when a criminal court and a court-martial have each jurisdiction in respect of an offence, it shall be in the discretion of [the chief of the air staff], the officer commanding any group, wing or station in which the accused prisoner is serving or such other officer as may be prescribed to decide before which court the proceedings shall be instituted, and, if that officer decides that they should be detained in air force custody.125. ..... be prescribed, in the first instance, to decide before which court the proceedings shall be instituted and if that officer decides that they should be instituted before a 'court martial', to direct that the accused persons shall be detained in air force custody. ..... since, with the full knowledge of the pendency of the criminal case against the member of the air force, the authorities had voluntarily delivered the custody of the appellant, for his trial by the ordinary criminal court, the authorities would be deemed to have exercised the option of not trying the appellant by a court martial. .....

Crwp No.345 of 2013 Vs. Union of India and Others

Court : Punjab and Haryana

..... - (1) any person subject to the act who has been ordered into air force custody by a competent authority may be taken into such custody in accordance with the usages of the service: provided that while being held for trial or after trial pending confirmation of the proceedings, the arrest or confinement imposed upon him shall not be ..... besides, sub rule (7) of rule 22 of the rules enjoins that imprisonment or detention of a person in air force custody pending confirmation of a court-martial is not to be for a period in excess of the term of imprisonment or detention to which the court-martial ..... valid air force custody, in which, he admittedly is at present in terms of section 166(3) of the act, which reads as under:- 166(3)in the case of a sentence of imprisonment for a period not exceeding three months, the officers referred to in sub- section (1) may direct that the sentence shall be carried out by confinement in air force custody instead of in a civil or military or air force prison. ..... court martial ('dcm' for short).the said proceedings were concluded on 29.01.2013 and the petitioner was taken in custody without confirming the proceedings, which according to the petitioner, is mandatory in terms of section 152 of the air force act, 1950 ('act' for short).the petitioner submitted an application (annexure p3) through proper channel on 29.01.2013 to the air force commander in chief, ('aoc in c' for short) headquarters.maintenance command, iaf, vayu sena nagar, nagpur, (respondent .....

The State Of Sikkim Vs. Jasbir Singh

Court : Supreme Court of India

..... proceedings shall be instituted and if that officer decides that they should be instituted before a court martial , to direct that the accused persons shall be detained in air force custody. ..... code and the army act, 1950 (46 of 1950), the navy act, 1957 (62 of 1957), and the air force act, 1950 (45 of 1950), and any other law, relating to the armed forces of the union, for the time being in force, as to cases in which persons subject to military, navel or air force law, or such other law, shall be tried by a court to which this code applies or by a ..... government to make rules consistent with the crpc and the army act, navy act 1957 and the air force act 1950 and any other law relating to the armed forces of the union, as regards the cases in which persons subject to military, naval or air force law or such other law, shall be tried by a court to which the crpc applies or ..... before proceeding under clause (b) of rule 3, the magistrate shall give a written notice to the commanding officer or the competent military, naval or air force authority, as the case may be, of the accused and until the expiry of a period of fifteen days from the date of service of the notice he shall not ..... 22 the purpose underlying rule 3 and rule 4 is that unless the magistrate has been moved by a competent military, naval or air force authority, the magistrate must furnish a written notice to the commanding officer or the competent authority, if he is of the opinion that either the trial should proceed before .....

V. Senthil Balaji Vs. The State Represented By Deputy Director

Court : Supreme Court of India

..... , the following additions should (it has been suggested) be made in the aforesaid sections after the word "custody" :-- "including military, naval or air force custody where the accused belongs to any of these services. ..... naval or air force law may be permitted to be remanded to military, naval or air force custody. ..... expressed by the other learned judge: (i) the habeas corpus petition in h.c.p.no.1021 of 2023 shall stand dismissed; (ii) the period from 14.06.2023 till such time the detenu/accused is fit for custody of the respondent shall be deducted from the initial period of 15 days under section 167(2) of the code of criminal procedure; (iii) the detenu/accused shall continue the treatment at cauvery ..... cannot be completed in twenty-four hours: completed in twenty-four hours: (1) whenever it appears that any (1) whenever any person is arrested investigation under this chapter and detained in custody, and it cannot be completed within the appears that the investigation cannot period of twenty-four hours fixed by be completed within the period of section 61, and there are grounds for ..... of continued illegal detention but the incumbent was in judicial custody by virtue of an order passed by the jurisdictional magistrate, which was in force, granting police remand during investigation of a criminal case. ..... the 1898 code ) which was in force prior to the enactment of the crpc, the maximum period for which an accused could be remanded to custody, either police or judicial, was 15 days .....

State Vs. Kawas Manekshaw Nanavati

Court : Mumbai

Reported in : (1960)62BOMLR383; 1960CriLJ1558

..... custody' as meaning the arrest or confinement of a person in the prescribed manner or in accordance with the usages of the naval service and including military or air force custody. ..... sub-section(2) of section 78 states as follows:'a person subject to naval law who commits an offence of murder against a person not subject to army, naval or air force law or an offence of culpable homicide not amounting to murder against such person or an offence of rape in relaion to such person shall not be tried and punished under this act unless he commits any of the ..... if therefore a person subject to naval law commits murder of a civilian, that is aperson not subject to army, naval or air force law, at any place other than that referred to in clause(a), (b) or (c) in sub-section(2) of section 78, he cannot be tried under under the act, but he must be tried ..... xiv, the heading of which is 'execution of sentences', provides that every term of imprisonment may be served in a naval prison, naval detention quarters or in any civil prison, house of correction or military or air force prison or detention barracks. ..... the accused shall be detained by some officer having lawful authority to do so, that the navy act does not contain any provisions under which the accused could have been detained in naval custody after his conviction, that his detention in the naval jail is therefore illegal, that consequently the condition, on which the sentence has been suspended, is one which could not lawfully have been .....

Cpl. Gokul Ram Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Reported in : 1983CriLJ1223

..... as the petitioner appellant has been taken into air force custody much before passing of the order dated oct 29 ..... (3) any officer may order into air force custody any officer, though he may be of a higher rank engaged in a quarrel, affray or disorder ..... any such person may be ordered into air force custody by any superior officer. ..... criminal court and court-martial have each jurisdiction in respect of an offence, it shall be in the discretion of the chief of the air staff, the officer commanding any group, wing or station in which the accused prisoner is serving or such other officer as may be prescribed to decide before which court the proceedings shall be instituted, and, if that officer decides that they should be instituted before a court-martial to direct that the accused-person shall be detained in air force custody. ..... custody of offenders:(1) any person subject to this act who is charged with on offence may be taken into air force custody ..... mentioned therein to decide before which court the proceedings shall be instituted and if that officer decides that proceedings should be instituted before a court martial then to direct that the accused-person shall be detained in air force custody. ..... other civilians, op(c) the central government has decided that the proceedings against the accused person should be initiated before a magistrate.in 1972 all cri r 145, it was held that the personnel of the indian air force constitute a distinct class and section 124 is made applicable to them all. .....

Extra Judl.Exec.Victim Families Assnandanr Vs. Union of India and Anr

Court : Supreme Court of India

..... instance, to decide before which court the proceedings shall be instituted and if that officer decides that they should be instituted before a court-martial , to direct that the accused persons shall be detained in air force custody. ..... committed an offence, proceedings in respect of which ought to be instituted before him and that the presence of such person cannot be procured except through military, naval, air force or coast guard authorities, the magistrate may by a written notice require the commanding officer of such person either to deliver such person to a magistrate to be named in the said notice for being proceeded against ..... rule 4: before proceeding under clause (b) of rule 3, the magistrate shall give a written notice to the commanding officer or the competent military, naval, air force or coast guard authority, as the case may be, of the accused and until the expiry of a period of fifteen days from the date of service of the notice he shall not :- (a) convict or acquit the accused ..... it was further held that if the criminal court decides to proceed in the matter despite the contrary view of the air force authorities, then the conflict of jurisdiction shall be resolved by the central government under section 125(2) of the said act and the decision of the ..... public order (but not including the use of any naval, military or air force or any other armed force of the union or of any other force subject to the control of the union or of any contingent or unit thereof in .....

Kanwardeepsingh Harbansingh Bedi Vs. the State of Maharashtra

Court : Mumbai

Reported in : 2010CriLJ315

..... decide before which court the proceedings shall be instituted and if that officer decides that they should be instituted before a court martial, to direct that the accused persons shall be detained in air force custody. ..... days mentioned in rule 4 or at any time thereafter but before the magistrate takes any action or makes any order referred to in that rule, the commanding officer of the accused or the competent military, naval or air force authority, as the case may be, gives notice to the magistrate that in the opinion of such officer or authority, the accused should be tried by a court-martial, the magistrate shall stay the proceedings, and if ..... where the magistrate intends to proceed to try the accused or to commit the case to a court of session without being moved in that behalf by the military, naval or air force authority, and he has given notice under rule 4 to the commanding officer or the military, naval or air force authority of his intention to do so, rule 6 empowers the commanding officer or the competent authority to give notice to the magistrate within the aforesaid period of 15 days or ..... committed an offence and proceedings in respect of which ought to be instituted before him and that the presence of such person cannot be procured except through military, naval or air force authorities, to require the commanding officer of such person either to deliver such person to a magistrate for being proceeded against according to law or to stay the proceedings against such .....

Samrendra Beura Vs. U.O.i. and Others

Court : Supreme Court of India

..... (1) any person subject to this act who is charged with an offence may be taken into air force custody.2) any such person may be ordered into air force custody by any superior officer.3) any officer may order into air force custody any officer, though he may be of a higher rank, engaged in a quarrel, affray ..... dipak misra, j.in this writ petition, preferred under article 32 of the constitution of india, the petitioner, an employee of indian air force, who has been found guilty of the offence under section 39(a) of the air force act, 1950 (for brevity the act) and has been awarded sentence to suffer rigorous imprisonment for three months along with other punishments by order dated 15.3.2013 which has been affirmed ..... by the competent authority under section 161(1) of the said enactment, has prayed for issue of a writ of habeas corpus directing the respondents to release him as he is in illegal detention because he had already spent one and half months in custody ..... have been made by the parliament under the 1950 act and the 1957 act, yet no such amendment has been incorporated in the air force act, 1950. ..... in the army act would equally govern the person sentenced to undergo rigorous imprisonment by the court-martial under the navy act, 1957 (for short the 1957 act) and the air force act. .....

Samrendra Beura Vs. U.O.i. and ors.

Court : Supreme Court of India

..... 3) any officer may order into air force custody any officer, though he may be of a higher rank, engaged in a quarrel, affray ..... person may be ordered into air force custody by any superior officer. ..... subject to this act who is charged with an offence may be taken into air force custody. ..... & others ...respondents judgment dipak misra, j.in this writ petition, preferred under article 32 of the constitution of india, the petitioner, an employee of indian air force, who has been found guilty of the offence under section 39(a) of the air force act, 1950 (for brevity the act ) and has been awarded sentence to suffer rigorous imprisonment for three months along with other punishments by order dated 15.3.2013 which has been affirmed ..... by the competent authority under section 161(1) of the said enactment, has prayed for issue of a writ of habeas corpus directing the respondents to release him as he is in illegal detention because he had already spent one and half months in custody ..... been made by the parliament under the 1950 act and the 1957 act, yet no such amendment has been incorporated in the air force act, 1950. ..... the army act would equally govern the person sentenced to undergo rigorous imprisonment by the court- martial under the navy act, 1957 (for short the 1957 act ) and the air force act. .....