506 part 2 is bailable or not in mumbai
kavita vishwakarma
(Querist) 06 July 2012
This query is : Resolved
can u pls tell me is there any new notification which say that 506 part 2 of ipc is not bailable now in mumbai now?
ajay sethi
(Expert) 06 July 2012
by virtue of the Notification issued by the Government of Maharashtra under section 10 of the Criminal Law Amendment Act, 1932, the offence under section 506, I.P.C., so far as Greater Bombay is concerned, shall be cognizable and non-bailable. He further submits that, in fact, this Court (Shah, J.) in (Criminal Revision Application No. 633 of 1979), decided on 1st October, 1980 had considered this aspect and held that, by virtue of the said Notification, the offence under section 506 (Part II) is non-bailable. Shri Vyas also relied upon the decision of a Division Bench of the Gujarat High Court in Vinod Rao v. State of Gujarat, 1981 Cri.L.J. 232 which held that section 10 of the Criminal Law Amendment Act does not offend Article 14 of the Constitution of India and the Notification thereunder making the offence under section 506 of the Indian Penal Code cognizable and non-bailable and when committed in the city of Ahmedabad also does not suffer from constitutional infirmity under Article 14.
ajay sethi
(Expert) 06 July 2012
Madras High Court
Ganesan vs State Rep.By on 21 December, 2011
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21/12/2011
CORAM
THE HONOURABLE MR.JUSTICE.M.JAICHANDREN
AND
THE HONOURABLE MR.JUSTICE.S.NAGAMUTHU
Crl.O.P.(MD)No.14156 of 2011
1.Ganesan
2.Nallaiah ... Petitioners/Accused 1 & 3
Vs
State rep.by
The Inspector of Police,
Illuppur Police Station,
(Crime No.182 of 2011)
Pudukottai District. ... Respondents
In view of the above, this Court answers the reference, stating that the Government order, issued by the Government of Tamil Nadu, in G.O.Ms.No.S/4118-1/70, Public (S.C.), dated 03.08.1970, in exercise of the powers conferred, under Section 10 of the Criminal Law Amendment Act,1932, continues to be in force. Therefore, an offence committed, under Section 506(i) of the Indian Penal Code, is non-bailable in nature, as per the said Government order.
