Querist :
Anonymous
(Querist) 18 August 2011
This query is : Resolved
In a csse u/s 307 of I.P.C,the honble high court had allowed antecepatory bail in a case u/s 307 of i.p.c.and directed that in th event of arrest of petitioners, they shall be released on bail by the arresting officer and accordingly they were released on bail by the i.o. Now the J.M.F.C had issued summon for their appereance, Wheather the court can release them on bail or not at the time of appeance.If tes, please give me some citations.
Advocate Rajkumarlaxman
(Expert) 18 August 2011
what is the position of the victim now and what is the exact order of the anticpatory bail, how much period etc ?
Jainodin shaikh
(Expert) 18 August 2011
After receiving chargesheet from police Magistrate used to inform the accused "the Date of Appearance" by way of issuing summons. As the offence is triable by court of session; Magistrate can not / does not have powers to grant bail to the accused persons. S.C. in "Shaddharam mhetre's case" oppioned that once the accused released on anticipatory bail he is not require to seek for regular bail.
kuldeep kumar
(Expert) 19 August 2011
i want to know mr sheikh is magistrates court absolutely barred in giving bails to session triable cases.
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