Judgement on session triable

Querist : Anonymous (Querist) 23 January 2012 This query is : Resolved
any judgement of Supreme Court Or Bombay or any High Court regarding that the offence are session trible then also magistrate have jurisdiction/power to grant bail.

Follow Query

Report Abuse

Devajyoti Barman (Expert) 23 January 2012
As long as the case remians in the court of Magistrate there is no bar for the Magistrate to consider bail petition and grant it though it is hardly allowed.

Raj Kumar Makkad (Expert) 23 January 2012
see Supreme Court decision reported in 1966 Criminal Law Journal 66 (Volume 72 C.N.23) A.I.R.1966 S.C.22 (V53C. 6) in the case of Mahant Kausalya Das V.State of Maharashtra wherein it is observed that the requirements of Section 243 of Criminal Procedure Code, 1898 (corresponding Section252 of the Code of
Criminal Procedure ,1973), are mandatory in in character and a violation of these
provisions vitiates the trial and renders the conviction equally invalid and that the
requirement of the section is not a mere empty formality but is a matter of substance intended to secure proper administration of justice.

Sankaranarayanan (Expert) 23 January 2012
Mr makkad given good citation regarding your qurey

ashok kumar singh (Expert) 24 January 2012
agree with expert opinion, thanks.

Shonee Kapoor (Expert) 31 January 2012
Nothing left to add after considered opinion of Mr. Makkad.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries