Offences under Arms Act are bailable?
Guest
(Querist) 05 March 2010
This query is : Resolved
respected experts. offences under Arms act are bailable or non bailable? What is the interpretation of section 37 of Arms Act.?
Sanjeev Panda
(Expert) 05 March 2010
Section 37 Arms Act envisages that if any person arrested and any arms or ammunition is seized under this Act, then that person is entitled to have been released on his executing a bond with or without surety for his appearance before the Magistrate. The accused shall be taken to the Magistrate only in the event when the accused fails to furnish the bail bond. The provisions of Section 37 of Arms Act are mandatory and analogous to the provisions of Section 436 of Cr.P.C. The grant of bail to a person accused of a bailable offence is governed by the provisions of Section 436 of Code of Criminal Procedure, 1973. Thus, offences under the Arms Act are bailable. Please go through the judicial pronouncements of Rajasthan High Court (Jaipur Bench) in case of Karan @Babu Vs. State of Rajasthan dated 20/08/2009 and Ramvilas @ Billu Vs. State of Rajasthan dated 02/09/2009
Guest
(Querist) 05 March 2010
thank you Mr Sanjeev
