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gandhamsrikanthreddy (student)     12 September 2014

Bail on nbw u/s 437

plz give ur valuable  suggestion & comments for this issue:-

 

in 138 NI act NBW issued for accused after somany summons served at last he was arrested and brought before the court . bail petition filed u/s 437 , but magistrate sent him for judicial custody even though  other party  did not raise any objection, magistrate said when we object his judicial custody he said  u r filed petition under 437 so he can not if u would have file u/s 436 may b possible...... so my question   is is it correct 



Learning

 3 Replies

gandhamsrikanthreddy (student)     12 September 2014

when can i call you sir

Ashok, Advocate (Lawyer at Delhi)     14 September 2014

Sub-section (1) of Section 436 Cr.P.C. lays down as under:

 

“(1) When any person other than a person accused of a non-bailable offence is arrested or detained without warrant by an officer in charge of a police station, or appears or is brought before a Court, and is prepared at any time while in the custody of such officer or at any stage of the proceeding before such Court to give bail, such person shall be released on bail:…”

 

 

Therefore, where the offence is bailable, Section 436 Cr.P.C. gives a right to be released on bail. Therefore, the order of the Magistrate appears to be clearly wrong and needs to be challenged immediately before the higher courts.

gandhamsrikanthreddy (student)     17 September 2014

thank you all for ur valuable suggestns , t day I got bail for my client after bangging otherside counsel and Hon'ble Magistrate.... on same petition which was filed u/s 437 crpc without filing fresh u/s436


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