Remedy for unknown procedures adopted by magistrate:

Assumi,

In bailable offences bail has to be offered by the magistreate  but in case of refusal of bail one has to move to the higer court  under section 439. Sec 437 is meant for Non-bailable cases before the magistrat/commutal court.Breaking of Jail or police stations  will put the person in another criminal case.So it is not at all advisable to take the law into own hads. Further I would like to clarfy you that sucessive bail petion  before same magistrate with new grounds in changing circustansces has no bar.

Assumi, Ramdas answered the question. Still why you are breaking the jail. You are a lawyer I suppose not from Chennai HC.

Thank you for your valuable information? Have a hearty ,smiling and Colotful Holi. Have fun on this blessed HOLI with your loved ones.

Sureshji, Ofcourse not by me, but by the Accused and their loved ones and their supporters.

Thank you all of you for your learned contributions. Go out in Blaze of Glory and have fun and laugther on this Blessed Day of HOLI.

I think the query is imaginery one.  No Magistrate with sense will ever deny bail for an bailable offence.

He should go to superior court. it is true that in baailable cases bail may be claimed as of right, but there may be exceptions where it may be refused. can one say that in non bailable cases, grant of bail is unknown to Law?

In Bailable Offence bail is a matter of right not a discreation of the Court. Refusal can lead to suit for compensation.

nO ONE IS ABOVE LAW.If the magistrate refuses bail in bailable cases better you move the district court under section 439 Cr.P.C Some few days back our apex court has given a judgement that granting bail in bailable cases is a must.Refer that judgement also.

Dear All, Thank you all of you for your valuable contributions.