Plz ld answer my question I am confused
Bail is descreation power of judge. but is their any bar to grant bail by ACNM ,CJM those cases which are under sesion trial?
BHRIGU DATTA 9475352677 (PRIVATE PRACTICE) 14 September 2015
Plz ld answer my question I am confused
Bail is descreation power of judge. but is their any bar to grant bail by ACNM ,CJM those cases which are under sesion trial?
adv.raghavan (Advocate,9444674980) 15 September 2015
I doubt whether they have jurisdiction to do that. Every Chief Judicial Magistrates shall be subordinate to the Sessions Judge. The Chief Judicial Magistrate exercised most of the powers under the Criminal Procedure Code previously exercisable by the District Magistrate.
SAINATH DEVALLA (LEGAL CONSULTANT) 16 September 2015
Commital to session court is not pre condition for granting bail. The case depends on whether it is bailable or non bailable. 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 .Can be tried in CJM court and when rejected can apply session court under 439.
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