Bail by the magistrat in the cases trailbe by sessions court
queryking
(Querist) 14 August 2010
This query is : Resolved
I have obtained the anticipatory bail from the sessions court, applied within time for regular bail under section 437, the prosecution opposing and insisting the magistrate not to give bail as the offense is traible by district and sessions court and the magistrate court has no jurisdiction/power to grant bail,
but
the alleged offence is even though the traible by sessions court but not punishable with death or imprisonment for life, kindly enlighten me regarding this
Devajyoti Barman
(Expert) 14 August 2010
It is wrong submission as if the case is triable by the sessions court then the sessions court can try it only after the Magistrate make commitment u/s 209 of CrPC and till that time the Magistrate can entertain bail petition.
s.subramanian
(Expert) 14 August 2010
yes. magistrate can. the objection is frivolous.
adv. rajeev ( rajoo )
(Expert) 14 August 2010
till its commital magistrate is the authorised person to entertain the regular bail application.
queryking
(Querist) 14 August 2010
thanks to Devajyothi, Arvind,suramanian and to Rajoo.
is there any citations? prosecution is also telling that the magistrate has to take the accused into custody while committing the case to sessions court
Koumarish Bhattacharya
(Expert) 15 August 2010
There is no question of committing before filing of the Charge sheet. On the date of committing you have to make an application for Same Bail.
WHATSAPP 91-8075113965
(Expert) 15 August 2010
i totally disagree with all of our experts.practically, no magistrate will generally grant bail in a sessions case, even though there is no legal bar, unless there are extreme mitigating circumstances.
the only remedy is to approach before the sessions court for anticipatory bail, if he is not arrested, and if already jail, move a regular bail application before the sessions court, and get the order of the sessions court executed in the magistrate court.
you have stated thAt you have already obtained an anticipatory bail from sessions court ! then why are seeking regular bail from the magistrate court again ?
get it executed from the magistrate court, so that NO APP (NOT even a magistrate) can object against it, as it is an order of asuperior court.
for committal, it will take months .till it will be tried by the magistrate.but bail application has to be moved before the sessions court.
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