Arrest provisions
Adv. Virendra
(Querist) 19 September 2010
This query is : Resolved
I have a query.
If police arrest a person for an offence which can be tried only before the Sessions Court.
In which Court will be the accused produced within 24 hours of arrest ? for police custody or Judicial Custody
1. The Sessions Court only
2. The J.M.F.C. having jurisdiction on the place/ the police who arrested hi,
or
He will be produced before the JMFC to be handed over to the Sessions Court for further proceedings and bail also will be granted only in Sessions Court
AND
Where will he get bail finally ?
Adv Archana Deshmukh
(Expert) 19 September 2010
He will be produced before the JMFC only. It is the magistrate who commits the case to the sessions court for trial in case the offence is exclusively triable by the sessions court.
Devajyoti Barman
(Expert) 19 September 2010
Yes, I agree. Even before the commitment the Magistrate has the power to entertain bail petition.
Kumar Krishan Agarwal Advocate
(Expert) 20 September 2010
1. THe First Class Judicial magistrate is very competent to take cognizance of the offence whether the IPC sections/charges which apply by the police comes under session court jurisdiction. He(CJM) after taking cognizance of the case send it to the district judge court who after taking cognizance of the case send it to any Addl. district judge to entertain & start off the trial of the case.
2. The Bail application under 436/437 Cr.P.C before CJM/ACJM is free from session court or first class magistrate offences.
i.e
Like 302 & 295A I.P.C , the CJM is fully competent to give bail on both sections booked under this two offences.
Adv. Virendra
(Querist) 20 September 2010
So does this mean that bail hearing will go on before the JMFC ?
Uma parameswaran
(Expert) 20 September 2010
once bail is rejected by JMFC then can try in sessions Court.
Ajay Bansal
(Expert) 21 September 2010
ADV. ARCHANA IS CORRECT.
M/s. Y-not legal services
(Expert) 06 October 2010
Yes.. I agree with above experts.. Offence may be whatever.. But the remand should be in front of magistrate only.
