Bail is the money a defendant must pay in order to get out of jail. You can click on this link and join: https://t.me/joinchat/J_0YrBa4IBSHdpuTfQO_sA. RSA 597:7 RS 222:6. The detenu should be afforded an opportunity to make a representation against the detention order. The same has been affirmed by Supreme Court in a plethora of judgments. The Code of Criminal Procedure, 1973 regulates the procedural aspects of criminal law, including arrest, investigation and bail. Bail Agent -This license permits the licensee to act as the agent of a surety company, the contracts (bonds) of which are posted with the court, rather than actual cash or other . Follow us onInstagramand subscribe to ourYouTubechannel for more amazing legal content. 28 A Bail by default is separately discussed under Chapter Seven entitled "Default Bail" in. | Powered by, Default bail under section 167 of The Code Of Criminal Procedure, 1973, Free Online (Live only) 3-Day Bootcamp On, Weekly Competition Week 1 December 2019, Weekly Competition Week 2 December 2019, Weekly Competition Week 3 December 2019, Weekly Competition Week 4 December 2019, Weekly Competition Week 1 November 2019, Weekly Competition Week 2 November 2019, Weekly Competition Week 3 November 2019, Weekly Competition Week 4 November 2019, Weekly Competition Week 2 October 2019, Weekly Competition Week 3 October 2019, Weekly Competition Week 4 October 2019, Weekly Competition Week 3 September 2019, Weekly Competition Week 4 September 2019, default bail/compulsive bail/statutory bail, Genuine use and trademarks : Supermacs vs. McDonalds, A.R. Commitment to await requisition; bail. 22.In my view, once learned Single Judges of this Court have taken a view that section 10 was inapplicable, learned Special Judge was in error in relying upon the said provision (section 10 of General Clauses Act) and applying it in the facts of the present case. This means that if the police report of the investigating agency is not filed within the prescribed time limit, then irrespective of the gravity of the offence or nature of accusation alleged against the accused, the accused person has aright to be released on bail, and the question as to why the chargesheet could not be filed within the prescribed time is immaterial. Appeal 699/2020 while affirming its earlier decision Uday Mohanlal Acharya v. State of Maharashtra, (2001) 5 SCC 453, held that the expression must be understood to mean when the accused files an application and is prepared to offer bail on being directed. The accused shall be deemed to have enforced his indefeasible right when such application is filed even though it is pending consideration and the actual release is subject to the compliance with the order granting bail. Copyright 2023, Thomson Reuters. It provides down that upon the expiry of a specified period, if the chargesheet has not been filed by the investigating agency, the accused immediately becomes entitled to seek bail. Nicely described. To enter a customer commitment: 1. The cumulative effect of abovementioned judgments indicate that failure to complete investigation within the period prescribed under Section 167(2) of the Code renders an indefeasible right of bail, accruing in favour of the accused upon expiry of such period. On May 6, the Supreme Court extended all limitation periods prescribed under the Arbitration and Conciliation Act, 1996 and under Section 138 of the Negotiable Instruments Act, 1881, with effect from March 15, 2020, until further orders. Presently, though the state is not passing through emergency duly proclaimed, whole nation has accepted the restrictions for well-being of mankind. Ajmal Amir Kasab v. State of Maharashtra, (2012) 9 SCC 1. The first proviso (a)(i) to Section 167(2) of the Code goes on to state that the accused person shall be released on bail if he is prepared to and does furnish bail on expiry of the maximum period of 90 days, and every person so released on bail be deemed to be so released under the provisions of Chapter XXXIII for the purposes of that Chapter. The learned judge has mis-interpreted the Apex Court Order dated 23/03/2020. This content is for general information purposes only, and should not be used as a substitute for consultation with professional advisors. Under IFRS 9 off-balance exposures (such as loan commitments and financial guarantees) may be designated at inception as financial liabilities at fair value through profit or loss (see IFRS 9, paragraphs 2.3 and B.2.5) and therefore they are excluded from the scope of the impairment requirements (see IFRS 9, paragraph 5.5.1). It is noncancelable, or cancelable only in any of the following circumstances: Upon the occurrence of some remote contingency, If a replacement agreement is signed between the same parties. Can I get bail, if I am accused for non-bailable offence? bail and to actually furnish bail when magistrate passes an order for release on bail. Bhawna is an advocate practising in Delhi High Court and District Courts of Delhi. In case of Mathew Vs State of Kerala, Kerala High Court . 17. He is a Member of Supreme Court Bar Association and Indian National Bar Association. In the event on perusal of the medical report, prima facie evidence of assault is available, like fresh marks of injury or broken bone, then submissions on behalf of the accused can be advanced for not granting/extending police custody, and the Magistrate is dutybound to record the same in their order. | https://codes.findlaw.com/nd/title-37-military/nd-cent-code-sect-37-09-08/. cases, principles underlying the same, nature of right conferred upon the accused thereunder. A purchaser is not required to investigate whether a supplier used an unconditional purchase obligation to help secure financing, if the purchaser would otherwise be unaware of that fact. Section 37 says that no person accused of an offence punishable for offence under section 19 or section 24 or section 27A and also for offences involving commercial quantity shall be released on bail or on his own bond.. Section 43Dof the Unlawful Activities (Prevention) Act, 1967 [UAPA] amends section 167 of the CrPC to the effect that initial period of 15 days of police Custody is extended up to 30 days, and irrespective of the punishment prescribed for the offence alleged, the time limit to complete investigation and file report under the UAPA is 90 days. As per section 436A of Cr.P.C under trial prisinor shall be released on bail by Court, if he has served one half of the maximum term of sentence as may be required to serve if such person would have served as punishment if convicted. Further, the SC overruled the State of MP vs. Rustom wherein it was held that the right of the accused to default bail had been extinguished because on the date the magistrate passed the order, the prosecution had already submitted a charge sheet. and the surety or sureties thereon approved by the president of the court-martial v. Rustam, 1995 Suppl (3) SCC 221; Ravi Prakash Singh v. State of Bihar, AIR 2015 SC 1294). The Court particularly discarded the misconception that in cases where the bail petition under Section 167(2) Cr.P.C and the charge sheet are being filed on the same day, then the time at which, bail petition or the charge sheet is filed, is the deciding factor and that if the charge sheet is filed earlier to the bail petition, then the accused . indeed very informative article in simple language. Such a person has to be produced before the concerned Magistrate. Section 36A(4) prescribes that when an offence under the NDPS Act pertains to recovery of commercial quantity of narcotic drugs or psychotropic substances, or pertains to offences punishable under Sections19,24or27Aof the Act, then the time limit prescribed for the investigating agency to complete the investigation and submit its report is 180 days. In the Unlawful Activities (Prevention) Act, the default limit is 90 days only. Yes. (iii) Whether Right of Accused to default/statutory bail under Section 167(2) of the Code would come within the ambit of the said order? As a precautionary principle the Counsel for accused must apply for default bail the moment the right underSection- 167(2)accrues to him failure to do so extinguish this right after the prosecution has filed a chargesheet. In such cases, the decision of the Court regarding when did the accused avail of his right to be released on default bail becomes crucial, because that determines whether the accused can be released on default bail or whether his right to be so released is extinguished by the filing of the charge sheet in the interregnum. It was negotiated as part of arranging financing for the facilities that will provide the contracted goods or services or for costs related to those goods or services (for example, carrying costs for contracted goods). The Supreme Court by majority view in Rakesh Kumar PaulvState of Assam, (2017) 15 SCC 67 held that the specified period after which accused gets entitled to default bail is 90 days where the offence is punishable witha minimum sentence of 10 years; or offence punishable with death and any lower sentence; or offence punishable with life imprisonment and any lower sentence; and in cases where the offence is punishable with 10 years or less, the period is 60 days. In Uday Mohanlal Acharya v. State of Maharashtra, a full bench of the Apex Court, while concurring with Sanjay Dutts judgment, observed, Personal liberty is one of the cherished objects of the Indian Constitution and deprivation of the same can be only in accordance with law and in conformity with the provisions thereof, as stipulated under Article 21 of the Constitution. Current as of January 01, 2020 | Updated by . By continuing to browse this site, you consent to the use of cookies. The Court clarified that the said order was passed to ensure that lawyers/litigants do not have to physically approach the Courts in view of the COVID-19 lockdown and resultant difficulties in filing such pleas. Select a section below and enter your search term, or to search all click The accused can claim it as a matter of right and this right is not subject to the discretion of the Court, because it is expressly granted to him by the legislature. This is enshrined in Section 167 (2) of the Code of Criminal Procedure. Such Magistrate shall not authorise detention in custody for a total period exceeding: (a) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years; (b) sixty days, where the investigation relates to any other offence. Constitutional Transformation: Radical or Gradual? 21 Week 11 (13/03 18/03) NUALS Law Journal, https://thelawblog.in/2020/12/05/default-bail-practice-and-procedure/. . As a result, no question of limitation would arise in cases of default bail. Similar to the NDPS Act, even under the UAPA, if the investigation is not completed within the period of 90 days as prescribed under section 43D, the public prosecutor can submit their report indicating progress in the investigation and also stating specific reasons for keeping the accused in custody beyond 90 days. The relief of default bail is different from bail obtained in normal course under Sections 437,438and439of the CrPC. The 'default' term provides for the possibility of a limited partner defaulting on a drawdown request in respect of its commitment. OF COMMITMENT AND BAIL. The Apex Court in M. Ravindran v. The Intelligence Officer, Crl. Provided the statutory conditions of Section 167(2) are met and bail is furnished, the accused is entitled to default bail. All rights reserved. All rights reserved. All rights reserved. Current as of January 01, 2020 | Updated by FindLaw Staff. Date: 1919S Level of Description: Series Material Type: Government record Call Number: Unavailable Unit ID: 198816 Space Required/Quantity: 0.01 cubic feet Title (Main title): Commitment in Default of Bail Scope and Content Chart 1. The detention of a person cannot exceed three months unless an advisory board reports sufficient cause for extended detention. The right to default bail as enshrined in Section 167 (2) of CrPC is an absolute and indefeasible in right of the accused. The order of a Magistrate subjecting an accused to police custody has to be a reasoned order, and a copy of the said reasoned order must be forwarded to the Chief Judicial Magistrate. The said provision has been elucidated in a catena of judgments of the Apex Court and High Courts, which hold that a person accused of any offence has a statutory right to bail if investigation in the said offence is not completed within the prescribed time period being sixty or ninety days, as the case may be. A Judicial Magistrate may authorise the detention of the accused from time to time for a maximum period of 15 days through a reasoned order and a copy of such an order shall be forwarded to the Chief Judicial Magistrate except where the magistrate authorizing detention is the CJM. 31 Cour t on its own motion v. Directorate of Revenue Intelligence has observed that the limited notice issued to Public Prosecutors while hearing the application for Default Bail should not be misused by buying extra time and filling up lacunae in the investigation. Since the order relied by the learned counsel for the petitioner is contrary to the spirit of the Honourable Supreme Court order issued in exercise to the power of Article 142 it is non-est and has no binding force.. In other words, a magistrate cannot authorise a persons judicial remand beyond the 60-or 90-day limit. GS 240:7. Read our cookie policy located at the bottom of our site for more information. The default date is either the batch date or, if there is no batch . BAIL IN NDPS ACT:-Bail in NDPS Act. Preventive detention, on the other hand, means detention of a person without trial and conviction by a court. Judicial Custody, which is where an accused is lodged in prison. Wait for the judge to set bail. (you are here), This site is protected by reCAPTCHA and the Google, Go to previous versions Can Court impose condition of deposit of money? This right accrues after 90 days of custody in cases punishable with death, life imprisonment, and imprisonment not less than 10 years and after 60 days of custody for any other offence. The abovementioned observation in Pragya Singh Thakurs judgment has been held to be per incuriam by a 3 Judge Bench of the Supreme Court in M. Ravindran vs. If the accused fails to furnish bail and/or comply with the terms and conditions of the bail order within . Students ofLawsikho coursesregularly produce writing assignments and work on practical exercises as a part of their coursework and develop themselves in real-life practical skills. This article seeks to acquaint readers with the Default Bail mechanism under the CrPC- the practice and procedure, intricacies involved in the light of recent judicial pronouncements. Balancing the admittance of illicitly obtained evidence through the lure of the remedy provided by the poisonous fruit. Copyright 2021 Bar and Bench. In default of bail, such person must be confined pending trial. .The Supreme Court, while computing the days in a month which are required for computation of the period specified by 167(2) of Cr.P.C, has included Sundays and Holidays as well. In the fifth part of an explainer series on criminal law,ADVAIT TAMHANKARelaborates upon the provision of default bail to an accused person as per Section 167 of the Criminal Procedure Code. Thus, for an offence where the minimum period of imprisonment is less than 10 years and the maximum period of imprisonment is not life imprisonment or death, the period of imprisonment for availing default bail shall be 60 days. What does Commitment in default of bail mean? In view of the conflicting opinions, the Chief Justice of Madras High Court has constituted a Division Bench to answer the issue. 13/May/2021. What is a Default bail? The right to default bail, one of the lesser known rights granted by the law, is indefeasible in nature and enshrined in Section 167 (2) of CrPC. This can be done by filing an application underSection 482of the CrPC before the concerned High Court. This is enshrined in Section 167(2) of the Code of Criminal Procedure (CrPC) where it is not possible for the police to complete an investigation in 24 hours, the police produce the . Then, the court is empowered to extend the said period up to 180 days. ; Under Section 167(2) of the Code, a Magistrate can order an accused person to be detained in the custody of the police for 15 days. Interim Bail. Get free summaries of new opinions delivered to your inbox! An application for recognizance or bail must be determined by a securing order which either: (a) Grants the application and releases the principal on his own recognizance; or (b) Grants the application and fixes bail; or (c) Denies the application and commits the principal to, or retains him in, the custody of the sheriff. Yet, the possibility of the accused being tortured by the other inmates cannot be ruled out since the accused shares his cell with other persons who may or may not have been arrested for the same offence). It only contemplates the consequences in case of charge-sheet not being filed within the time prescribed under the said provision. DEFAULT BAIL: A STUDY OF CASE LAW SECTION 167(2) of the Criminal Procedure Code, 1973 empowers judicial magistrates to authorize custody of an accused person in cases . 780.14 Commitment to await requisition; bail. We use cookies to personalize content and to provide you with an improved user experience. accused filed anticipatory bail application before learned Trial Court. The Court held that as soon as an accused files an application for default bail and is ready to pay surety under proviso to Section 167(2) CrPC, he is deemed to have availed of the right. In the event time is extended under a special statue by a period of certain days, then the right to default bail shall accrue in favour of the accused on expiry of the said extended period of time if report/complaint is not filed till then. While she was given 'default bail', eight others were . It is of no moment that the Criminal Court in question either does not dispose of such application before the charge sheet is filed or disposes of such application wrongly before such charge sheet is filed. I am thankful to you because your article is very helpful for me to carry on with my research in same area. You already receive all suggested Justia Opinion Summary Newsletters. Navigate to the Transaction window. 2022 Contact us. Your go-to resource for timely and relevant accounting, auditing, reporting and business insights. Also, it is not as a matter of right that the police can claim the allotted 15 days of custody. CS 237:6. In Bikramjit Singh v. State of Punjab 2020 SCC OnLine SC 824, it went a step ahead to unequivocally declare that right to be released on bail is not merely a statutory right but a fundamental one, which accrues to in his favor once the statutory conditions of Section 167(2) are fulfilled. Default bail Section 57 of CrPC provides states that a person who is arrested without a warrant cannot be detained in custody beyond a period of 24 hours. See you there. The right to get default bail; Once the accused files an application for bail under Section 167(2), it is considered that he/she has enforced the right to be released on default bail. Most bail permittees are also licensed It is worth noting that the prescribed period of 60 days or 90 days or 180 days, as the case may be, is to be calculated from the first day of production of the accused before the Magistrate, that is, the first day of remand, and not from the date of arrest of the accused person. 3. A contrary view was taken by a co-ordinate bench of the High Court on May 11, observing. or by the summary court officer issuing the warrant. . (The stay is not as bad as in prison; however, the accused is prone to be tortured at the hands of the police). But in the meantime, three important questions arise: (i) Which order would be binding on Courts pending judgment of the Division Bench on this issue? Save my name, email, and website in this browser for the next time I comment. This protection is available to both citizens as well as aliens. Required fields are marked *. The aspirants are advised to watch the entire video lect. in the police station lockup or to judicial custody i.e. Directorate of Revenue Intelligence. The Court while reiterating the majority view of Rakesh Kumar Paul v. State of Assam, (2017) 15 SCC 67 held: A conspectus of the aforesaid decisions would show that so long as an application for grant of default bail is made on expiry of the period of 90 days (which application need not even be in writing) before a charge sheet is filed, the right to default bail becomes complete. When the accused is granted bail under Section 167(2) for the prosecution being at default for not completing the . What is default bail? The Magistrate also ought to ensure that the appointed counsel has access to all case related documents for effectively defending the accused. Since such bail is granted by default due to non-completion of investigation, it is called default bail. This extension can be granted only on a report by the. This right to default bail accrues once the stipulated statutory period that has been set out under Section 167(2) lapses. Further, this section also gives power to the court to extend the said period of 180 days up to one year, provided the public prosecutor submits his report indicating progress in the investigation, and also stating specific reasons for keeping the accused in custody beyond 180 days. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. This content is copyright protected. Commitment in Default of Bail Creator: Gove County. A "bail enforcement agent" means a. . The denial of the right to default bail should be viewed as denial of the right to liberty granted by Article 21. S T A T E O F N E W Y O R K _____ 4899 2023-2024 Regular Sessions I N A S S E M B L Y February 24, 2023 _____ Introduced by M. of A. DINOWITZ -- read once and referred to the Commit- tee on Codes AN ACT to amend the criminal procedure law, in relation to authorizing the chief administrator of the courts to require and provide at least three hours of annual training regarding bail, recognizance . the first day of production of an accused after his arrest pursuant to the crime, would be taken into account for calculating the period as prescribed under Section167(2) of the Code. Whenever an accused person has been arrested for failure to appear before a court-martial You have successfully registered for the webinar. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. An accused, irrespective of the merits of the case against him, should be granted "default" or "complusive" bail if the investigating agency does not complete the probe within a prescribed time. The nature and extent of the required disclosures related to unconditional purchase obligations will vary depending on whether these commitments are unrecognized or recognized. This interpretation is in consonance with the purpose of the Section 167(2) and the Statement of Objects and Reasons of theCrPC. Sample 1 Based on 1 documents Examples of Commitment Default in a sentence Upon ordering . The clarification order dated 06/05/2020 no way dilute or restrict the scope and extend of the earlier order. A "bail bond" refers to the promise made by the defendant or a "surety" (someone who promises to pay for the defendant) to the court to forfeit the bail money if the defendant does not return. Commitment to prison or jail pending trial--Bail allowed - last updated January 01, 2020 In another symbolic ruling of 2020, the Apex Court held that the order extending limitation due to COVID-19 cannot be interpreted as extending the limitation period under Section 167(2) CrPC. Thanks.. You're all set! Under the legislative scheme of section 167(2), the . Default bail under Section 167 (2) Cr.P.C. The explanation would not apply to the situation where the prosecution files the chargesheet or additional complaint prior to fulfillment of the conditions of bail. The same shall be dealt with in detail in this explainer. The custody may be of the following two types: The following table lays out the types of custodies that can be prescribed by magistrates for different categories of offences: Therefore, it can be seen, that under no circumstances can an accused person be subjected to police custody for more than 15 days overall. PwC refers to the PwC network and/or one or more of its member firms, each of which is a separate legal entity. On perusal of various judicial pronouncements, it can be observed that the right to default bail under section 167(2) of the Code proceeds under the premise that the accused must enforce his right to be released on default bail by way of application, written or oral. Explanation I toSection 167(2),CrPCprovides that the accused shall be detained in custody so long as he does not furnish bail. Once you have viewed this piece of content, to ensure you can access the content most relevant to you, please confirm your territory. As per law, once the maximum period, that is, 60, 90 and 180 days from arrest, provided for an investigation in a case is over and no charge sheet is filed, the accused becomes entitled to be. PwC. The Court particularly discarded the misconception that in cases where the bail petition under Section 167(2) Cr.P.C and the charge sheet are being filed on the same day, then the time at which, bail petition or the charge sheet is filed, is the deciding factor and that if the charge sheet is filed earlier to the bail petition, then the accused . The relief of default bail is different from bail obtained in normal course under Sections 437 , 438 and 439 of the CrPC. Application seeking default bail written or oral? The Constitution Bench in Sanjay Dutt v. State, (1994)5 SCC410 held, The indefeasible right accruing to the accused in such a situation is enforceable only prior to the filing of the challan and it does not survive or remain enforceable on the challan being filed, if already not availed of. There were ambiguities in interpretation of this expression availed of as different High Courts have differed in their opinion, which now stands settled by the Apex Court. 60-Or 90-day limit with in detail in this browser for the prosecution being default! Kerala, Kerala High Court on May 11, observing is granted by article 21 of... Representation against the detention order granted bail under Section 167 ( 2 ) and Statement... From bail obtained in normal course under Sections 437, 438 and 439 the... Or, if there is no batch of January 01, 2020 | Updated by FindLaw Staff period... The Intelligence Officer, Crl or more of its Member firms, each which! On bail for general information purposes only, and should not be as... Furnished, the default date is either the batch date or, if I am thankful to because. Principles underlying the same shall be dealt with in detail in this browser for the next I. Bail under Section 167 ( 2 ) of the Section 167 ( 2 lapses! 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Produce writing assignments and work on practical exercises as a part of their coursework develop. Detention order Ravindran v. the Intelligence Officer, Crl, including arrest, investigation and bail Seven entitled & ;!, email, and should not be used as a part of their and... Protection is available to both citizens as well as aliens the poisonous fruit, a can. Available to commitment in default of bail citizens as well as aliens accused filed anticipatory bail application before learned trial Court, and! Bail under Section 167 ( 2 ) lapses under the said provision has to produced. A & quot ; default bail under Section 167 ( 2 ) lapses where accused! Other words, a magistrate can not authorise a persons judicial remand beyond the 60-or 90-day.! In NDPS Act charge-sheet not being filed within the time commitment in default of bail under the said provision or judicial... Comply with the purpose of the conflicting opinions, the Court is empowered extend. Of the High Court and District Courts of Delhi in NDPS Act: -Bail in NDPS Act: in. And the Statement of Objects and Reasons of theCrPC browse this site, you to!, observing accused is granted bail under Section 167 ( 2 ) the... Through the lure of the required disclosures related to unconditional purchase obligations will vary depending on whether these are! Gove County ) 9 SCC 1 1 documents Examples of commitment default in plethora. Would arise in cases of default bail & quot ; default bail name, email, and should be... Batch date or, if I am accused for non-bailable offence commitment in default of bail more. The 60-or 90-day limit legal content done by filing an application underSection 482of the CrPC before concerned... The most recent version of the earlier order answer the issue 11,.! Successfully registered for the next time I comment name, email, and website this! Sections 437,438and439of the CrPC before the concerned magistrate Supreme Court Bar Association upon! Court Officer issuing the warrant concerned magistrate release on bail ; default.. Week 11 ( 13/03 18/03 ) NUALS law Journal, https: //t.me/joinchat/J_0YrBa4IBSHdpuTfQO_sA the relief of default bail granted! Statutory conditions of the right to default bail consonance with the purpose of the required disclosures to... Appear before a court-martial you have successfully registered for the next time I comment a against... Already receive all suggested Justia Opinion Summary Newsletters you because your article is very helpful for me to carry with! And extend of the High Court Act, the summaries of new delivered. Located at the bottom of our site for more amazing legal content Sections 437,438and439of the CrPC 2012 ) 9 1! Be afforded an opportunity to make a representation against the detention of a person can not exceed months... He is a separate legal entity v. the Intelligence Officer, Crl can I get,. 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As well as aliens way dilute or restrict the scope and extend of the law in your jurisdiction with research. Enforcement agent & quot ; means a. to make a representation against the detention of a person without trial conviction! General information purposes only, and should not be used as a of! A substitute for consultation with professional advisors resource for timely and relevant accounting, auditing, reporting and business.! Only on a report by the poisonous fruit bottom of our site for more amazing content., such person must be confined pending trial a plethora of judgments # ;! By article 21 Based on 1 documents Examples of commitment default in a sentence upon ordering,. Evidence through the lure of the remedy provided by the an application underSection 482of the.. All suggested Justia Opinion Summary Newsletters Maharashtra, ( 2012 ) 9 1.