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‘Bail Is Not To Be Withheld As A Punishment’: Himachal Pradesh HC [Read Order]

first_imgNews Updates’Bail Is Not To Be Withheld As A Punishment’: Himachal Pradesh HC [Read Order] LIVELAW NEWS NETWORK8 Jun 2020 12:43 AMShare This – xThe High Court of Himachal Pradesh has reiterated that bail is not to be withheld as a mode of punishment because guilt of an accused is established only at conclusion of trial. While allowing the regular bail application of the Petitioner-accused who had joined the investigation as and when required, the bench comprised of Justice Sandeep Sharma observed, “object of the bail…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe High Court of Himachal Pradesh has reiterated that bail is not to be withheld as a mode of punishment because guilt of an accused is established only at conclusion of trial. While allowing the regular bail application of the Petitioner-accused who had joined the investigation as and when required, the bench comprised of Justice Sandeep Sharma observed, “object of the bail is to secure the attendance of the accused in the trial and the proper test to be applied in the solution of the question whether bail should be granted or refused is whether it is probable that the party will appear to take his trial. Otherwise, bail is not to be withheld as a punishment.” Reliance was placed on Sanjay Chandra v. Central Bureau of Investigation, (2012) 1 SCC 49, whereby the Supreme Court had observed, “The object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment, unless it can be required to ensure that an accused person will stand his trial when called upon. The Courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty.” The Petitioner had been booked under Sections 509, 354, 354-A, 323 and 504 of IPC and Section 3(1) (10) of the SC/ ST (Prevention of Atrocities) Act, 1989. Since the Additional Advocate General, appearing for the state had informed the court that the Petitioner-accused had joined the investigation and was no longer required for custodial interrogation, the bench allowed the bail plea. While doing so, the bench highlighted the factors laid down by the Supreme Court in Prasanta Kumar Sarkar v. Ashis Chatterjee & Anr., (2010) 14 SCC 496, for grant of bail and it observed, “normal rule is of bail and not jail. Court has to keep in mind nature of accusations, nature of evidence in support thereof, severity of the punishment which conviction will entail, character of the accused, circumstances which are peculiar to the accused involved in that crime.” It thereafter ordered that the Petitioner be enlarged on bail subject to his furnishing personal bond in the sum of Rs. 20,000/- each with one local surety in the like amount to the satisfaction of concerned Chief Judicial Magistrate/trial Court. Case Details: Case Title: Rajneesh Kumar v. State of Himachal Pradesh Case No.: Cr. MP (M) No. 678/2020 Quorum: Justice Sandeep Sharma Appearance: Advocate Nitin Thakur (for Petitioner); AAG Sudhir Bhatnagar Click Here To Download Order Read Order Next Storylast_img read more

Congressman Bucshon’s Opioid Addiction Treatment Bill Passes House

first_imgFacebookTwitterCopy LinkEmailShare WASHINGTON, D.C.) – Legislation authored by Reps. Larry Bucshon, M.D. (R-IN) and Paul Tonko (D-NY) to improve and reform the treatment for opioid use disorder passed the House floor on Wednesday.“Most of us know someone – a family member, friend, or neighbor – who has been impacted by this epidemic in some way.  Unfortunately, opioid abuse and addiction are on the rise in Indiana and around the country. That’s why it’s so important we work together on a comprehensive solution to improve our efforts on all fronts – treatment practices, prevention measures, and law enforcement,” said Bucshon. “As a physician, I’ve focused on improving access to treatment for Americans battling opioid use disorder. Our bill helps expand access to wide-ranging treatment options and reduce improper use and abuse of treatment medications. I’m proud of the bipartisan support for our efforts and will continue working to see this measure become law.” H.R. 4981, the Opioid Use Disorder Treatment Expansion and Modernization Act, was introduced by Reps. Larry Bucshon, M.D. (R-IN) and Paul Tonko (D-NY) and passed the House Energy and Commerce Committee on April 27, 2016. H.R. 4981 amends the Controlled Substances Act to expand access to medication-assisted opioid addiction treatment, ensures patients have access to a wider range of comprehensive, evidence-based treatment options, and helps minimize the potential for drug diversion. The legislation is the product of months of stakeholder engagement, expert input and bipartisan negotiation.H.R. 4981 passed the House floor and was a part of a comprehensive effort by the House to address opioid abuse and addiction this week.  During debate, Dr. Bucshon spoke on the House floor urging support of legislation he authored to update and reform the treatment of opioid use disorder.Video of his speech can be accessed here: https://youtu.be/EK_Q4xMrtvk. last_img read more

UK asset managers target DC schemes with long-term investing fund structure

first_imgIt was unlikely to be offered in the mainstream retail fund market, the IA said, without the requirement for advice.The report said: “The fund would have high standards of customer protection, while helping to ensure that evolving customer needs in key markets, notably the DC pensions and retirement income market, can be better met.” The Investment Association (IA) has revealed its plans for a new fund structure specifically designed to invest in illiquid asset classes – part of three areas of development for the investment management industry over the next few years.The UK’s asset management trade body announced proposals for the creation of a “long-term assets fund” structure in its 2025 Vision report, launched this morning at its flagship annual policy conference.It consulted with customer groups and wider stakeholders on the new structure and confirmed publication of a detailed blueprint later this year.In the report, the IA stated that the long-term assets fund would be open-ended so that defined contribution (DC) pension schemes could access it, have the ability to invest in less liquid asset classes, and be able to receive new money to invest and for investors to redeem at appropriate time intervals. Chris Cummings, chief executive, Investment AssociationChris Cummings, chief executive of the IA, said its proposals to develop the long-term asset fund would respond to “changing customer needs and support the financing of companies and public projects”.The report also revealed the IA’s plans for a new onshore professional investor regime that would position the UK as “a go-to destination internationally for more professional investors looking to access the widest range of investment strategies”.Cummings added: “With the UK set to leave the EU over the next few months, these proposals will also help future-proof the UK’s investment landscape, ensuring it can remain competitive on a global scale and allowing international investors to benefit from innovation in our country’s fund regime.”Sustainability and stewardshipThe IA also outlined its vision for a “more value-focused industry in which sustainability and stewardship are at the forefront, particularly in the context of the challenge of global climate change”.The trade body set out in its report that a better market for stewardship could be achieved by improved and more consistent public disclosure of stewardship activities and outcomes by investment managers. In addition, it advocated a clearer alignment of incentives across the investment chain and a clearer focus on long-termism in line with the investment horizons of beneficiaries.The IA’s third key area for development was greater adoption of technology, which it said would “lower costs to customers and protect against increasingly complex and borderless cyber threats”.It already collaborates with fintechs through its fintech innovation hub, Velocity.Cummings said the investment management industry was at an “inflection point”.He added: “With three quarters of UK households using the services of an investment manager, our vision for the future is focused on our customers, ensuring they can get sustainable, long-term returns from their investments.”last_img read more

Residents unsure about The Village

first_imgCommunity reaction to The Village at USC, a residential and recreational plaza planned to replace USC-owned property north of Jefferson Boulevard, was mixed at an open house at the Galen Center Thursday.Cardinal Gardens, Century Apartments, the current University Village and other surrounding buildings will be torn down to construct a center that aims to modernize the area. The Village will include student housing, shops, restaurants and green space, according to its website.Community members attended an open house at the Galen Center Thursday for The Village at USC. – Engie Salama | Daily Trojan“The primary goal is to really enhance and improve the quality of life while we are living and going to school at USC,” said David Galaviz, executive director of local government relations for The Village. “We really want to create the best college culture for current and incoming students and we feel The Village can assist in that.”The plans for the center designate 300,000 square feet for classroom, artistic and presentation space, which Galaviz said is intended to improve the academic atmosphere. Additional housing in The Village for students, faculty and staff is intended to encourage students to informally meet with their professors in new locations.USC plans to furnish the reinvented Jefferson Boulevard with more lighting and possibly build a Dept. of Public Safety substation within the center. The Village will also be closed off from cars, allowing protected transportation on the walkways or bike lanes.Residents shared different attitudes toward USC’s expected redevelopment of Jefferson Boulevard.Silvio Aguilar, who has lived west of campus for 28 years, said he wants to still be able to shop at The Village, as he currently buys groceries at Superior Grocers.“I don’t know if it will be good for the community or just for students,” Aguilar said. “I am still not sure [after the presentation] if the businesses are going to be at the right price level for community members. We’ll just have to see.”Some students also expressed concern regarding the type of stores that will be in the plaza.“The most useful things for students would be clothing stores, restaurants and a better movie theater,” said Sydney Laux, a senior majoring in theatre. “But if they only cater to high-end students, they will lose community support and involvement because it will be too expensive.”Jean Smith, who has lived in the area for more than 40 years, said she was excited for the potential new stores.The university launched a website this month detailing plans for The Village at USC, a residential and shopping plaza. – Photo courtesy of USC“They said they’re building a bookstore. Now, I have to drive all the way to Del Amo [Fashion Center],” Smith said. “It’ll be great if I don’t have to go all the way to Torrance if I just want to buy a book for my daughter.”She also said she is happy with the proposed plan overall.“The traffic on Hoover Street can be dangerous [for pedestrians] and shutting down the street will make it a lot safer,” Smith said. “[The Village] is a good thing because it will bring jobs to the community and keep kids on campus.”The Village intends to accommodate the community’s financial interests by providing an estimated 8,000 jobs in construction and 4,000 permanent positions.Its completion will take at least eight years. Construction will tentatively begin in mid-2012, according to The Village website.The progress of the project can be followed on The Village at USC’s twitter and website.“The Village will only be successful if we have a mix of students and those from the surrounding community involved,” Galaviz said.last_img read more