bail

Querist : Anonymous (Querist) 11 September 2010 This query is : Resolved
my 62 year old neighbour was arrested under 279 IPC and was immidiately he was produced before the judicial Magistrate First Class.my neighbour was not told that the charges were bailable so he may produce surety. when we know about the arrest and move bail petiton with surety the magistrate told us that he had already sent the accused on three days remand so untill three days passes he wont be released and on request he agreed to release my neighbour on the next day but not on the same day as he told that the remand canot be cancelled on the same day.
is it true that remand canot be invoked the same day and what can we do now against the magistrate

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Amita Chaudhary (Expert) 11 September 2010
move Bail Application before the Duty Magistrate immediately without any delay as it is clear violation fo section-50 & 81 of CR.P.C...

Kiran Kumar (Expert) 11 September 2010
it can be revoked, the offence is bailable and bail is a matter of right in case the offence is bailable.

u can approach the Sessions Court also.

s.subramanian (Expert) 11 September 2010
In cases of bailable offences,if the magistrate does not grant bail at once,he can be hauled up for illegal detention.

PJANARDHANA REDDY (Expert) 11 September 2010
GENERALLY IPC 279 IS AN OFFENCE UNDER ACCIDENT CASES ,WHICH ARE VERY COMMON TO EVERY BODY DUE TO SMALL ACCIDENTS ON ROAD IN DAILY LIFE.
THE FINE FOR THIS OFFENCE IS RS 500-1000/-, NO NEED OF ARREST AT ALL.
O.K IF MAGISTRATE IS SO CONVICTION ATTITUDE, THE OFFENCE IS BAILABLE BY THE SAME COURT.
IF HE SENT TO JAIL, APPROACH HIGH COURT FOR VIOLATION OF HIS FUNDAMENTAL RIGHT AND violation fo section-50 & 81 of CR.P.C.

Devajyoti Barman (Expert) 11 September 2010
Yes right. But first ensure his release on bail. On the next day you could have filed put up petition and pray for his bail. No big deal.

Arvind Singh Chauhan (Expert) 13 September 2010
I also follow the views expressed by above members.

M/s. Y-not legal services (Expert) 06 October 2010
You didn't mentioned about the sections are bailable or non bailable.. If its bailable mean magistrate have to release the accused on bail with sufficient suretys.. If its n-b mean its his discretion power.. You have to wait..

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