bail

Querist : Anonymous (Querist) 08 September 2010 This query is : Resolved
JMFC court has in a case send the arested accused on three days remand while the person was booked under bailable section of IPC was this action of the JMFC justified

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M/s. Y-not legal services (Expert) 08 September 2010
bailable section mean no power to arrest ah? who told you sir? even if its bailable section also, at the time of remand any one advocate have to file a bail petition on behalf of the accused with sufficient suretys.. atleast the accused have to produce own suretys.. or may execute any bonds.. unless he will be remanded only. even if he admitted the bailabe offence also. punishment may be as fine or imprisonment or both..

Devajyoti Barman (Expert) 08 September 2010
In bailable offence the police has indeed power of arrest but getting the bail on his production is the matter of right. The order of the magistrate is clearly illegal. File an application under section 439 of crpc before the sessions court immediately.

Tribhuwan Pandey (Expert) 08 September 2010
Yea, file bail application before Session Court.

Surender Dhull (Expert) 08 September 2010
In the bailable offences the Court is bound to pass an order of bail with surety or not along with the bail amount of bonds etc. If the judge is not satisfied with the surety then the Judge can send the accused to J.C. but without passing the order of bail the judge have no power to send the accused. if the judge send the accused to JC then there is illegal order passed by the Judge.
U can file a appeal agaisnt the order passed by the concerned court.
thanks

G. ARAVINTHAN (Expert) 08 September 2010
even in case of bailable offences, there is no general rule to grant bail to the accused 2with out any application

N.K.Assumi (Expert) 09 September 2010
In bailable offence he has to move an application in which events the magistrate has no option but to release the accused on bail with requisite conditions.

Raju Ramparag Gupta (Expert) 09 September 2010
File Bail application ASAP

Advocate Rajiv Mishra (Expert) 09 September 2010
if offence is a cognigable one ,mag. has all the powers to send the accused in jud. custedy if there is no bail application. mag. cannot denie to grant bail in bailable off.

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