Bail

Querist : Anonymous (Querist) 10 January 2012 This query is : Resolved
Regards For The Day ! I just want to know that,
Can a magistrate have power to give bail in the IPC act 504/506.
Please help me on this.

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Deepak Nair (Expert) 10 January 2012
Magistrate can give regular bail, but not anticipatory bail

Querist : Anonymous (Querist) 10 January 2012
thanx Deepak nair sir for the use full info..
one more thing ... in IPC act 384/506 can magistrate also have the same power to give bail..? plz let me know ..

Deepak Nair (Expert) 10 January 2012
Magistrate can give bail in all the cases which are triable in the court of magistrates, but not in the serious offences for which the punishment is more than 7 years.

Ravikant Soni (Expert) 10 January 2012
I disagree with Nair sir. It is not a rule to deny bail in offences punishable more than 7 yrs.

Magistrate power as to granting of bail is governed by section 437 of Cr.P.C.

Ravikant Soni (Expert) 10 January 2012
Rather both are bailable offences.

Devajyoti Barman (Expert) 10 January 2012
Yes Magistrate can give bail to such offence.

prabhakar singh (Expert) 10 January 2012
Magistrate powers to grant bail are not checked by law in any offence.It is propitiatory and practice in courts that he declines to grant bails in session triable offences.

Advocate. Arunagiri (Expert) 10 January 2012
If the case / FIR is pending with that magistrate he can grant bail.

Raj Kumar Makkad (Expert) 11 January 2012
I disagree with the views of prabhakar singh. No magistrate can provide the bail in the cases triable by Sessions Court.

Deepak Nair (Expert) 11 January 2012
Rightly said by Mr.Rajkumar Makkad.

prabhakar singh (Expert) 11 January 2012
I have got bail in s.307IPC from magistrate in a case???

Ravikant Soni (Expert) 11 January 2012
I disagree with Makkad Sir and shall go with Prabhakar sir.

DEFENSE ADVOCATE.-firmaction@g (Expert) 11 January 2012
Magistrates decison for granting bail depends on the attitude of the prosecution , it does not work like math problem.

Nimesh Kampani of J M FINCIAL a multi million co was facing a cheque case only which is bailable but for one year he ran away from India and came BACK only when bail was granted by AP HIGH COURT.

Shonee Kapoor (Expert) 12 January 2012
I agree descrition is immense to grant bail.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Raj Kumar Makkad (Expert) 14 January 2012
Exceptions do not become rules. Sessions trial cases remain out of perview of JMIC so no question arise to provide bail by them in those cases.

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