bail
Kebom Taso
(Querist) 14 October 2010
This query is : Resolved
can a JMFC can entertain bail petition in regard to arrest made under 302 IPC
pawan sharma
(Expert) 14 October 2010
yes, but in the pectice that court reject the bail in the matters of u/s.302 IPC.
adv. rajeev ( rajoo )
(Expert) 15 October 2010
Normally JMFC wont grant the bail in an offence u/s 302 of IPC. You will have approach the Dist.. court
Arvind Singh Chauhan
(Expert) 15 October 2010
Yes only if there are grounds as mentioned in Proviso of 437(1) Cr.P.C.
sibasish pattanayak
(Expert) 15 October 2010
YES i also agree with arvind ji,that apart i wd like to say that, the BAIL IS A CONSTITUTIONAL RIGHT .NONE CAN CUT DOWN THE STATUTORY LIBERTY OF A PERSON IN ANY OFENCE IN THE STAGE OF INVESTIGATION. FOR THAT the legal provn is 437 Cr.P.C.
ALL the sections/provisons/acts are BUTTED & BOUNDED BY CONSTITUTION OF a COUNTRY . so the question OF LIBERTY IS ALWAYS OPEN WHETHER THE SEC.302 ,367,372,376,436 etc.IPC OR 323IPC.
sibasish pattanayak, Advocate , kolkata, (W.B)09874854594/09477090999/09231668664.
sibasish pattanayak
(Expert) 15 October 2010
IN addition with my earlier post , the JMFC CAN CONSIDER THE BAIL APPLICATION ON SOME TERMS/CONDITION/STAGE , if the investigation is not complited by 90 days from the date of arrest of the petitioner in that case JMFC is empowerd .
other exceptions also in pratice life.
sibasish pattanayak, advocate.
Advocate. Arunagiri
(Expert) 15 October 2010
In many of the cases the magistrate court rejects the bail. The HC is entertaining the bail petition for the offenses u/s 302 IPC. For the 302 ipc cases are being tried by the sessions court. but the conviction has to be confirmed by the HC. So, HC is the right court for filing the bail petition.
