Mumbai Police registered FIR against an Accused who committed offence under section 506 Part - II which is Cognizable and non-Bailable. Police did not arrest the accused immediately after FIR, so Complainant was repeatedly requesting all senior police officers via emails to arrest the Accused. Complainant did not get any response from any police officer for more than 3 weeks about the status of arrest of accused. Suddenly, after 3 weeks, Police informs Complainant via phone that Accused was arrested about 15 days ago and the Accused has been let-off on Bail by Metropolitan Magistrate. Had Complainant been informed by Police as soon as the accused was arrested, the Complainant would have exercised his right to oppose the Bail to be granted by Court to the Accused at the time of hearing of Bail Application.
My questions are
(1) Does a Metropolitan Magistrate has the power to hear and to grant Bail to an accused who is charged for having committed a serious offence like 506 Part - II of IPC:??
(2) Can a Metropolitan Magistrate release the Accused on Bail, that too, on same day, without first remanding the Accused to Police Custody??
(3) Can a Metropolitan Magistrate release the Accused on Bail, as soon as the Bail Application is filed, without calling for SAY from the Police??
(4) Is it not Mandatory for the Police to inform the Complainant / Victim about the arrest of the Accused as soon as he is arrested by Police, giving the Complainant an opportunity to remain present in the Court and to oppose the Bail Application filed by the Accused??
Thanks
