Bail Power.
Querist :
Anonymous
(Querist) 01 May 2011
This query is : Resolved
For bail-able offence does the police officer has the power to grant the bail or we have to go to the court than only we will get the AB. If the police has the powers than pls provide me the section. Also it has been said that bail can be granted by session court & second class magistrate only so pls provide me the section which says that AB is granted by the above mentioned court only? If answer is yes than why the second class magistrate has powers for AB & why not to chief judicial because as per section 29 (1) chief judicial has more powers than second class? Right
Thnk.
Guest
(Expert) 01 May 2011
you have some misunderstanding that a magistrate does not have the power of anticipatory bail this power is given to the sessions or the additional sessions judge and the High court only.
Guest
(Expert) 01 May 2011
SIR,
KINDLY NOTE THAT
1ANTICIPATORY BAIL IS GRANTED UNDER PROVISIONS OF SEC.338 OF CRPC.
AND HONOURABLE COURT OF SESSIONS /HIGH COURT CAN GRANT ANTICIPATORY BAIL TO THE ACCUSED AGAINST WHOM ANY CRIME IS REGISTERED IN ANY POLICE STATION AND THE SAID ACCUSED PERSON IS APPREHENDING ARREST UNDER SAID CRIME AND HENCE FOR PREVENTING HIS ARREST HE CAN APPLY FOR ANTICIPATORY BAIL AS ABOVE.
