Whether the sessions court can allow the applicant to undergo mdecial examination for the purpose of disposal of bail application u/s section 439C r.P.C.
baljit singh
(Querist) 18 June 2008
This query is : Resolved
Hi,
its baljit here,
i have a querry whether the Sessions court for the purpose of disposing of bail applcation u/s section 439 can allow the applicant to undgo medical examination the report of which may provide an evidence to disprove the commission againt him as the applicant do have right to do so U/s section 54 of the Cr.P.C if the same is no exercised earlier upon his production before the illaka magistrate. if so any law point on this issue.
thanks,
baljit singh advocate.
arunprakaash.m.
(Expert) 19 June 2008
It depends upon the case underwhich you seek bail.
a.haridasan
(Expert) 20 June 2008
dear baljith..
in non-bailable case ,grant of bail is purely discretion of the appellate court and it is also correct that the application of bail to be considered by the magistrate while entertaining an application filed by the women,sick and ifirm which comes under the crpc 437 [1] clause [11].
section 54 providing , examination by a medical practioner to a arrested person at the request, but it is not a ground for granting bail because medical fecilities to be availed in every and each jail now.
