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Adv Rahul Shinde (Lawyer)     03 December 2014

Sec 437 and sec sec 439 crpc for bail

for non bailable offence Bail can file u/s 437 and Sec. 439 of crPc

Session court have power to grant bail under both sections

then why Most of Lawyers Filled Criminal Bail application u/s 439 CrPc before session court ??  



 6 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     04 December 2014

The sessions court is not empowered to take cognizance directly. It comes in to picture only after committal of case by the magistrate or after rejection of bail by the magistrate. thus there is no occassion to move to sessions court under s. 437. The application before it will be filed under s. 439 after rejection of bail by the Magistrate u/s 437.

2 Like

T. Kalaiselvan, Advocate (Advocate)     08 December 2014

Well opined and advised by learned Advocate Mr. Ramachary.    What is the exact details that you want to clarify by posting this query?

Adv Rahul Shinde (Lawyer)     13 December 2014

It means after committal case, bail application can only be filled before session court   u/s 439 Crpc 

but u/s 437(3), there r some offences which having punishment Death or Life imprisonment (which exclusively triable by Session),

so for above offences, before committal case to session,  if person want to be made an application for a bail , then should he also make an application u/s 437  ??? 

Bcoz Most of Sr. Adv here, Do before court of session prior to  committal a case 

Simran Kaur (Advocate/Legal Consultant @simrank211@gmail.com)     13 December 2014

Mr. Pratik, Mr. Ramachary has well explained your query. S.437 - JM/MM has the power to grant bail while in case of Court of Session - appeal from JM's order(passed in exercise of power u/437) or directly u/s 439.

Besides, committal of a case and bail are two different matters. You seem to be mingling the two unnecessarily.

Thanks

1 Like

scarface   25 October 2017

a person raping child. convicted under pocso act shoul be bailed under what provisions... 437 or 439 crpc?

 

Jaspal singh (practicing lawyer)     25 October 2017

Very well explained by seniors, if the accused person has arrested than first bail application you can move before the Ld MM and in case he is not and still absconding than you can apply for ancptry bail in session.

Regads

Jaspal S Maini

9999987283


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