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N.K.Assumi (Advocate)     30 January 2010

Bail in Offence Punishable with Life Imprisonment:

In an offence punishable with life imprisonemnt only and exclusively triable by a court of Session, but not death or life imprisonment as envisaged under section 437 (1) (i)  CrPc, the accused was remanded for the first fiften days to judicial custody by the Judicial Magistrate First Class. The question is that section 437 (1) (i) says:  such person shall not be so released if there appear reasonable grounds for believing that he has been guilty of an ofence punishable with death or imprisonment for life. In the above mentioned case the offence is only life imprisonment exclusively triable by a court of Session: now whether Magistrate First Class can grant bail to the accused under 437 CrPc, as the offence relates to imprisonment for life only and not deth or life imprisonment, though triable by the Court of Session.



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 8 Replies


(Guest)

Though the statute do not specifically prohibit the Magistrate from granting bail in sessions triable cases.  There seems to be some unwritten law culled from various decisions of the Supreme court that, in sessions triable case Magistrates do not grant bail.

sunil pagare (lawyer)     30 January 2010

Sec.437 premits that, Court  may release the accused on bail in the offence punishable for life or death,if the offender is under the age of sixteen or sick / infirm or woman.According to sec.437(3) court may impose condition which the court consider necessary.But  now a days no court dare to use their power. Magistrate pass the order that offence is exclusively trial by court of session hence bail application is rejected.

N.K.Assumi (Advocate)     30 January 2010

Thank you Anil and Sunil, there appears to be divergent views of different High Courts on the matter, but in a given case though the case is imprisonmnt for Life and exclusively triable by a court of session, if there is absolutely no grounds to believe by the Magistrate that the accused comitted an offence punishable with life, can he grant bail to the accused under 437 CrPc?

Arvind Singh Chauhan (advocate)     31 January 2010

Yes Sir he can.

N.K.Assumi (Advocate)     31 January 2010

Thank you Arvind.


(Guest)

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09271971251,

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

1.IN CASE OF OFFENCE TRIABLE BY COURT OF SESSIONS ONLY DUE TO PUNISHMENT IS LIFE IPRISONMENT, IN SUCH CASES COURT OF SESSIONS AND HIGH COURT CAN GRANT BAIL. .COURT OF JUDICIAL MAGISTRATE HAS NO JURISDICTION TO GRANT BAIL.PLEASE NOTE

Arvind Singh Chauhan (advocate)     31 January 2010

Sir He can if therse is conditions like as provided in proviso. (Old person or sik). Just see The word "Officer" is also used.

Swami Sadashiva Brahmendra Sar (Nil)     31 January 2010

There is no bar on granting bail by the magistrate. but, the normal practice is that a magistrate does not grant bail when he is not empowered to try the offence.


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