ASHOK KUMAR BHOSLE (RETD PF COMMISSIONER) 29 May 2017
I want to know (1) whether Section 317 of Cr P C is applicable in cases of non-bailable offence; (2) whether Magistrate himself has to make order under this Section or on an application made by Advocate of the accused person; and (3) who is competent to grant bail in non-bailable offence case - concerned Police Station Incharge or competent/concerned Magistrate.
Sanjeev 03 June 2017
In a Non Bailable offence ------- Only Metropolitan Magistrate/ADJ can grant bail.
Raveena Kataria (Advocate ) 06 July 2017
317(1) has nothing to do with the kind of offence the accused may be involved in. It simply states that an accused may be represented by his pleader/advocate if his presence has to be done away with (in the interests of justice,) for several reasons, like the magistrate/judge thinks that the accused disturbs/is likely to disturb the court proceedings.
From the section, it's clear that it's purely up to the discretion of the magistrate/judge to dispense with the presence of the accused if they see so as fit.
And as stated above, only a competent magistrate/court can grant bail in case of non-bailable offenses.
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