bail

Querist : Anonymous (Querist) 05 January 2011 This query is : Resolved
can a magistrate grant bail in Session triable case. i want to move a bail application for a arrested person under S.307 IPC

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Ajay Bansal (Expert) 05 January 2011
Mere writting of word '307' by police in F.I.R. does not mean that case is of section 307 I.P.C. If section 307 I.P.C is not attracted,then the magistrate can grant bail.

Kirti Kar Tripathi (Expert) 05 January 2011
I agree with Mr. Bansal. F.I.R. must contain ingredients of Section 307. In case such ingredients are not available in F.I.R., a Magistrate can grant bail.

Uma parameswaran (Expert) 05 January 2011
Under section 436,436A, 437 of CrPC Magistrate has power to grant bail.

Raj Kumar Makkad (Expert) 05 January 2011
I do agree with Mr. Bansal.

DEFENSE ADVOCATE.-firmaction@g (Expert) 05 January 2011
Even otherwise bail is right.Pl read the latest SC judgment.

M.Sheik Mohammed Ali (Expert) 05 January 2011
i agreed with mr.bansal

Guest (Expert) 05 January 2011
your query is incomplete ... without knowing facts of the case we cant express our views... what are the facts of your case....i do agree with Mr Bansal....

Amit Minocha (Expert) 06 January 2011
You have the right only to apply for bail and the Court shall only grant it only if your application has some merits. Bail u/s 307 IPC cannot be claimed for grant as your right.

M/s. Y-not legal services (Expert) 09 January 2011
No. If there is section 307 of ipc mean its sessions trial. The magistrate can't grant bail for you.. Apparently Your bail application wil be dismissed. There is no debate, that whether its attract 307 or not.

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