Querist :
Anonymous
(Querist) 03 January 2011
This query is : Resolved
Sir , pl Suggest me, if a person has been arrested under above mentioned sec. is it possible to enlarge him on bail by the Magistrate without calling police case diary.
SAANJAAY GUPTAA
(Expert) 03 January 2011
No, its not possible for magistrate to enlarge the accused person on bail without going through the case diary.
Dineshwar Singh Kaushik
(Expert) 03 January 2011
Yes, the Magistrate may grant you bail even without calling case diary,but it depends on the facts of the case to case.
Guest
(Expert) 03 January 2011
IT IS MAGISTRATE'S DISCRETION.
Sachin Bhatia
(Expert) 03 January 2011
Granting bail or not is the discretionary power of the magistrate.
Advocate Bhartesh goyal
(Expert) 04 January 2011
Itis the discretion of magistrate to grant bail or not but magistrate has to exercise the said power in judicial manner and not in arbitrary manner.Magistrate can also grant bail without callng case dairy but it depends on facts of case.
s.subramanian
(Expert) 04 January 2011
The magistrate has the discretion to grant bail or not. But it should be exercised judicially and judiciously as well.
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