criminal

Querist : Anonymous (Querist) 24 December 2010 This query is : Resolved
experts,
Plz.advice me on the following query.
The crime has been registered against accused under section 3,4 of Prevention of Damage to Public Property Act.After arrest when accused has been produced before J.M.F.C.,the Magistrate refused to grant bail,giving reasoning that, "According to sec.4 of Prevention of Damage to Public Property Act punishment is provided 10 yrs.Therefore considering nature of punishment I am of the view that the offence u/s.4 of Prevention of Damage to Public Property Act is exclusively triable by sessions court as per second schedule of Cr.P.c. Besides guidelines given by the Hon’ble High Court in a case 2001(3) MhLJ 465 it is provided that in respect of offence for which the maximum sentence prescribed up to life or for 10 years than the bar of sec. 437 would operate and such persons can not be released on bail by the Magistrate. As the Maistrate has no jurisdiction to release such person u/s. 437(1) of Cr.P.C."
I want to know that whether the J.M.F.C.,has power or not to release the accused on bail?Another J.M.F.C.,has released the accused on bail when that accused brought before him after arrest.Which Magistrate's order is justified former or later?

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s.subramanian (Expert) 25 December 2010
It is an offence triable by a sessions judge. Magistrate cannot grant bail.

Advocate. Arunagiri (Expert) 25 December 2010
I agree with Mr.subramanian.

Ajay Bansal (Expert) 25 December 2010
Please show the F.I.R.

Guest (Expert) 25 December 2010
IF BAIL IS REJECTED BY JMFC COURT THEN THE ACCUSED CAN APPLY FOR BAIL TO THE SESSIONS COURT .WILL SUCCEED.KINDLY SEND COPY OF F.I.R.AND ALSO COPY OF ORDERS THERE MAY BE DIFFERENCE IN FACTS OF THE BOTH CASES AND BACKGROUND OF ACCUSED.

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