sumit arora
(Querist) 20 November 2010
This query is : Resolved
dear sir,
i wanted to know that my brother was carrying 20 inch sword and police arrested him and file a case under arms act 4/25 and they told us that it is bailable offence and told us to go to court and in court we filed the bail papers but it rejected and he had given 3 days police custody now i wanted to know that after 3 days PC bail will be given or further pc will be given. kindly let me know
Ajay Bansal
(Expert) 20 November 2010
IT IS A NON BAILABLE OFFENCE.
Guest
(Expert) 20 November 2010
Section 4/25 Arms Act is Non Bailable offence. Police remand can be given up to 15 days. But Magistrate should ve carefully gone through the case diary n look whether there is sufficiant ground to give PC remand or not. Generally when PC remand ordered by Magistrate then bail nt lies. Whenever Magistrate ordered the J/C to the accused, move the bail application.
sachin sethi
(Expert) 21 November 2010
agreed with experts...
Advocate. Arunagiri
(Expert) 21 November 2010
It is a non bailable offense. The police can ask for extension of the PC. It will be granted by the Magistrate in case of necessity.
Khaleel Ahmed Mohammed
(Expert) 26 November 2010
Bail may be granted in non bailable offence also. Consult with your local lawyer.
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