Cr.p.c.sec439
Querist :
Anonymous
(Querist) 06 January 2012
This query is : Resolved
is it practically possible to file a bail petition in the court of the Asst Sessions Judge under sec439 of Cr.P.C. other than before the Sessions Judge, when sessions judge is in office without his any special permission or order in this regard?
Sushil Sharma
(Expert) 06 January 2012
please ans me 1st these question
1. whether case is in the court of that Addl. session judge.
2. what is the position of the case
Rajeev Kumar
(Expert) 06 January 2012
Yes these questions asked by sushil is essential
Nadeem Qureshi
(Expert) 06 January 2012
an additional session judge who is seized of a case is as much competent to grant bail to the accused as the session judge himself would be.
it is held in the case of State v/s Vijay kumar Khojuri and another, 1979 (1) Cri LJ 1179
Sushil Sharma
(Expert) 06 January 2012
Nadeem Sir, you are right and same fact is mentioned by me
Shonee Kapoor
(Expert) 06 January 2012
Rightly advised.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
M/s. Y-not legal services
(Expert) 06 January 2012
dear anonymous., district judge and addl. district judges both are same by their powers., even in tamilnadu bail authority only district judges., addl. district judges can hear the cases which is alloted by the district judges., [bail will be filed before district judges only]
-tom-
Raj Kumar Makkad
(Expert) 07 January 2012
oh! It might be the product of system failure. Anyway, the reply of all experts is common and as everyone know here, I am not out of the views of the expert's common view.
Deepak Nair
(Expert) 07 January 2012
I too agree with the views of the experts
