yadrami vishwanath (advocate) 15 September 2014
judicial first class magistrate had passed release order with a condition to appear before the concerned SHO till filing of charge sheet and the police had not filed charge sheet for last 9 months. ]
how to get relaxation of above said bail condition in the judicial first class magistrate court and under what provision does the petition lie.
Does the provision provided under section 439 (b) of Cr.P.C for the session court and the high court is applicable to the judicial first class magistrate.
Ashok, Advocate (Lawyer at Delhi) 17 September 2014
It has been held by the Karnataka High Court that the trial Magistrate has power to pass the subsequent order altering or amending or deleting the conditions of the earlier bail order in any manner whatsoever. S. 437(5) of Cr.P.C. impliedly confers such power on him. When the Magistrate is conferred with the power to cancel his order of bail, then, as a logical corollary, it follows that he does have the power as well to amend or effect necessary alterations, short of cancellation, in the earlier bail order passed by him.
Bombay High Court has also decided in a similar manner.
So, you can file an application for modification of the conditions for bail to the same Magistrate who granted bail.
Secondly, Second 439(1)(b) of Cr.P.C. provides as under:
“(1) A High Court or Court of Session may direct—
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(b) that any condition imposed by a Magistrate when releasing any person on bail be set aside or modified:…”
Therefore, the Sessions Court and the High Court also have the power to modify any condition imposed by the Magistrate while granting bail. Accordingly, an application for modification of bail conditions can also be filed to the Sessions Court or the High Court.
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