bail

Querist : Anonymous (Querist) 08 September 2010 This query is : Resolved
can a magistrate grant bail in non bailable case where the bail petition is moved without advocate and even the hearing was done without the presence of an advocate

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M/s. Y-not legal services (Expert) 08 September 2010
Sure. Its magistrate's discretionary powers. More over if you are well knowledge person in law mean, you can proceed you case as IN PERSON. no one can stop you.

Surender Dhull (Expert) 08 September 2010
Agree with Mr. thangapandian

M/s. Y-not legal services (Expert) 08 September 2010
thank you mr surendar.. by tom..

s.subramanian (Expert) 08 September 2010
No person except an advocate can appear before court for bail since the person who seeks bail will be invariably behind bars. A magistrate has to find out and convince himself about the grounds for the grant of bail. he cannot do it himself without being enlightened about it. It is also not his duty to go ahead all by himself without there being anyone to argue the matter. In exceptional case,the relatives of the accused can appear and move the bail application. Above all what is required is a valid ground for grant of bail.

Kiran Kumar (Expert) 08 September 2010
i agree with Mr. Subramanian.

otherwise also a Magistrate has no power to grant Anticipatory Bail.

secondly bail is not within the inherent powers of the court....its a discretionary relief to be granted by the court.

G. ARAVINTHAN (Expert) 08 September 2010
i dis agree with Mr.Thangapandian.. it is not inherent power.. it is discretionary power of the Magistrate.

N.K.Assumi (Expert) 09 September 2010
Even oral submission of the accused is enough. Technically speaking there is no right of the accused but he may be allowed to be heard personally of the accused in custody to argue his bail application.There is an old classic case from Allahabad High Court as reported in 1932 CrLJ 1271.

M/s. Y-not legal services (Expert) 10 September 2010
i corrected mistake experts. thanks for point out mistake

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