bail

eswaramurthi (Querist) 23 January 2010 This query is : Resolved
In offence triable by exclusively Sessions Court, whether magistrate can entertain bail before 60 or 90 days? if suppose he let out on bail what is consequence?

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bhupender sharma (Expert) 23 January 2010
the magistrate has no power to entertain the bail appliaction under the present circumstances that the offences are exclusively triable by the court of the Ld. sessions court. It will be an illegality.

N RAMESH. (Expert) 24 January 2010
I agree with Mr.Sharma.

The order is without jurisdiction.

Arvind Singh Chauhan (Expert) 24 January 2010
Plz Go through the Sec 437 (1) (i)(ii), you will find, If the offence is not punishable with death or imprisonment for life and accused is not previously convicted, bail granted by magistrate is not illegal. According to proviso magistrate can grant even in case enumerated in Sec 437(1)(i)(ii) if the person accused is of age under 16 years, woman or a sick or infirm. Now go through the Sec 437 (4) even Officer (police officer ) may release.

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