Bail by Jail Superintendent
Kumar Krishan Agarwal Advocate
(Querist) 30 November 2010
This query is : Resolved
My Ld Friends,
I have heard from a old Ld lawyer that a long strike would take place in UP for High Court Bench demand for up to to six months and no official work had taken place by the Lawyers and by presiding judge due to this the accuseds list got long and long which makes all daily accuseds were sent to in District Jail by police. This makes jail position over crowed than its capacity.
Now the Question is :-
1. Whether the Jail Superintendent is legally entitled and power in law to release the accuseds on Bail surety to be taken by each accuseds on the application of the accuseds if accuseds want to furnish surety ?
According to my view there is no provision in Cr.P.C that jailor superintendent can take Bail without the orders of [the jurisdiction court or any ordinance State Government] except Jurisdiction SHO, SSP and Commissioner.
2. What is the emblem or stars on Head Jailor Superintendent dress which may be equivalent to the SHO/ ASP/S.P ?
3. Who is the first rank wise superior officer of the jailor who has full control on jailor activities ?
i.e It is Distt.Magistate, SSP, IG ADG, etc
adv. rajeev ( rajoo )
(Expert) 30 November 2010
Superintendent of jail is not authorized to grant a bail to the accused.
Superintendent of the Jail is the chief.
Jail Superintendent of Dist.,
Sarvesh Kumar Sharma Advocate
(Expert) 01 December 2010
Whether the Jail Superintendent is legally entitled and power in law to release the accuseds on Bail surety.....
yes,if remand of accused take-up by the superi.. then he has the power of magistrate and than he can give bail.