magistrate power to grant bail IN those offences which are triable by sessions court

bhupendra (Querist) 01 January 2011 This query is : Resolved
Hallo all of u
the most unexplained query of junior practitioner is that
whether magistrate having any jurisdiction regarding bail to those offenses which are exclusively triable by sessions court
THEN U HAVE TO ALWAYS REMEMBER FOLLOWING POINTS WHILE FILLING PETITION U/S 437 Cr,P,C

1) You have to Argue HOW THE ALLEGED OFFENSE IS NOT MADE OUT---- U HAVE TO READ THE NECESSARY INGREDIENTS OF THAT SECTION
2) Find out the necessary ingredients which are missing in the allegations which can be found in story of F.I.R. (ITS ALWAYS HELP IN THOSE OFFENSE LIKE 395,399,of IPC & atrocities CASES in Sessions case. U can take benefit in other non bailable cases which are triable by j.m.f.c. court
3) You have to always focus on what type of recovery has been made by IO from accused in the ABSENCE OF MATERIAL RECOVERY u have to show the magistrate why the prima-facie offense is not made out
4) Magistrate can not reject petition on ground that offense is triable by sessions court.The magistrate has to decide the petition on merits and the fact ther are a lot of case laws
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DEFENSE ADVOCATE.-firmaction@g (Expert) 01 January 2011
Please read the latest citation of SC of 2nd Dec 2010 which explains that bail is right even for murder accused.It is available in files section.

Dineshwar Singh Kaushik (Expert) 01 January 2011
Mr. Bhupendra you are right.

bhupendra (Querist) 01 January 2011
Thank u sir
I tried to clear the mind of
JUNIOR PRACTICESIONER

i had allready readed that case law
thanks
happy new year