For releasing passport surrendered under bail condition
tushar
(Querist) 02 April 2013
This query is : Resolved
sir
an offence has been registered against my client a british citizen u/s 498-A,323,506(2) of IPC and 3,7 of Dowry Prohibition Act. After one and half month police arrested all the accused and produced before the Magistrate. Magistrate on date 13/3/2013 who released accused on bail with a condition to surrender passport within 7 days. Accused then surrender her passport on 21/03/2013 and on 22/03/2013 she present an application to release her passport which was rejected by that magistrate on 25/03/2013 stating that " this court has no power to amend or alter the condition imposed earlier by this court ".
Now she has preferred an application before session judge u/s. 439 (1)(b) for cancelling the condition s imposed by magistrate.
but session judge is not ready and wiling to entertain such application because judge thinks that a Revision should be filed for the same and not the application under section 439 1 b....
so please give some useful guideline treating and facing such situation
Devajyoti Barman
(Expert) 02 April 2013
Sessions court is not right. Application for cancellation or modification of bail condition lies u/s 439.
Pursue it else high court is the option.
Raj Kumar Makkad
(Expert) 02 April 2013
You have no option but to file a revision before high court under section 401 of criminal procedure code against the order passed by Sessions Judge.
tushar
(Querist) 03 April 2013
session court is also vested wid d same power as wid high court u/s. 439 of crpc.
tushar
(Querist) 03 April 2013
mr. raj.....
why revision ??
session court has not passed any order but JMFC did.
and can d order of bail b chalanged by revision ?? because d order garnting bail is not a final order u/s. 397(2)...!
Raj Kumar Makkad
(Expert) 03 April 2013
Matter of bail has not been advised to be challenged in revision rather the issue of passport should be got challenged by way of revision. Section 397(1) and 401 both are options for the accused person to resort to.
