POWER OF ACMM TO GRANT BAIL
meenakshi chauhan
(Querist) 07 January 2011
This query is : Resolved
I HAVE BEEN TOLD BY ONE ADVOCATE THAT ACMM HAS NO JURISDICTION TO GRANT BAIL IN THE FIR HAVING SECTION 467 OF IPC.
KINDLY EXPLAIN IF THIS CORRECT..
SAANJAAY GUPTAA
(Expert) 08 January 2011
This section is non bailable but triable by magistrate, magistrate has power to grant bail.
Ajay Bansal
(Expert) 08 January 2011
I agree with Sanjay Gupta.
Amit Minocha
(Expert) 08 January 2011
Bail can be granted by a Class I magistrate u/s 467. If your respective ACMM is class I he can grant.
Guest
(Expert) 08 January 2011
With all due respect to my fellow experts I would like to add something more. This is debateble query, Mr. Sanjay said that the offence is Non-bailable n triable by magistrate (first class), thats why magistrate has power to grant bail,BUT in my considered view power of Magistrate to grant bail is depend upon the punishment which has been define in particular section.... so far as section 437 Cr,P.C. is concerened, i.e.
section 437 Cr.P.C.....(1) When any person accused of, or suspected of, the commission of any non-bailable offence is arrested or detained without warrant by an officer in charge of a police station or appears or is brought before a court other than the High Court or Court of Session, he may be released on bail, but-
(i) Such person shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life;
after bare reading of above mentioned provision, its clear that Magistrate has no power to grant bail (except case fall in the proviso of section 437 Cr.P.C.) in the offences punishable with death or imprisonment for life;
Now when we gone through the section 467 I.P.C..... the punishment is....[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
so the question arise here is , whether the Magistrate has power to grant bail in such cases where the offence is punishable with imprisonment for life], or with imprisonment of either description for a term which may extend to ten years......
As per my opinion, the answer is YES... the reason is, the term used in Section 437(1)(i) Cr.P.C. is " death or imprisonment for life".... where as in section 467 I.P.C. the term used " imprisonment for life, or with imprisonment of either description for a term which may extend to ten years"....
so for above giving reason I am of considered view that Magistrate has jurisdiction and power to grant bail in section 467 I.P.C.....
M/s. Y-not legal services
(Expert) 09 January 2011
What you mean for acmm. If its equal to first class judicial magistrate court me its can grant bail regard this
