In a case before the First Class Magistrate the Magistrate himself became a witness. Is it legal for the First Class Magistrate to grant bail to the accused, pending police investigations?
N.K.Assumi (Advocate) 27 August 2014
In a case before the First Class Magistrate the Magistrate himself became a witness. Is it legal for the First Class Magistrate to grant bail to the accused, pending police investigations?
Ashok, Advocate (Lawyer at Delhi) 27 August 2014
It is not permissible. If the Magistrate himself is a witness in a particular case, he cannot sit as a judge in the same case. It is directly against the principles of natural justice, namely, "Nemo iudex in causa sua" which means that nobody shall be a judge in his own cause. If this fact is brought to the notice of higher courts (such as CJM or Sessions Judge), the case would be transferred to some other Magistrate.
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