Bail in 398, 401 ipc

Arjun (Querist) 17 December 2012 This query is : Resolved
Dear Experts,

can CJM court grant bail to accused in 398, 401 IPC case as the case is not yet commit to session court and accused in custody since 3 months. challan prepared.

Regards,

Arjun

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Nadeem Qureshi (Expert) 17 December 2012
Dear Arjun
as per the first schedule of Cr.PC section 398 is triable by court of session and non-bailable offence and section 401 IPC is triable by the first class magistrate.
the lower court can not grant bail in this matter. both the case are not punishable by seven years, so the CJM Court have no power to grant bail.
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Ravikant Soni (Expert) 17 December 2012
commital to session court is not pre condition for granting bail. try in CJM court and when rejected here you can apply session court under 439.

Devajyoti Barman (Expert) 17 December 2012
Before commitment of the case the CJM can dispose of the bail petition but as a matter of judicial amity and comity it hardly allows bail prayer.
File petition u/s 439 crpc after its rejection.

Raj Kumar Makkad (Expert) 17 December 2012
If case has committed then has no scope with CJM to grant bail.

Advocate Suneel Moudgil (Expert) 18 December 2012
Dear client,
CJM court have right and can grant bail but in practice usually dismiss, so after dismissal, apeal before session and bail is a matter of grounds, if you have sufficient grounds bail will be allowed in session