The learned Public Prosecutor submits that our observations might be taken amiss by the Courts below. They might think that mere appearance authorises the Magistrate to grant bail in non-bailable offence. We have very clearly stated that the learned Magistrate can assume jurisdiction to entertain the application. But, while disposing such application he must act within the limitations imposed by the provisions of Section 437 of "the Code". It empowers the Magistrate to grant bail, but there are several restrictions imposed in it. if reasonable groundsexist for believing that the accused has been guilty of an offence punishable with death or imprisonment for life, a Magistrate cannot grant bail unless the accused is under the age of 16 years or a woman or a sick or infirm person. However, the plea of the prosecution that the accused is wanted for the purpose of identification only cannot be a ground for refusal of bail when an accused is entitled to bail Under Section 437(1) of "the Code".
Gauhati High Court
State Of Assam vs Mobarak Ali And Ors. on 22 September, 1981