Mere fact that the Court chose to issue only summons does not give a right to the accused to claim bail as of right on his appearance before Court on summons, particularly in a case triable exclusively by the Court of Session.
In a case exclusively triable by the Court of Session, where an accused appears before the Magistrate in committal proceedings on summons, the Court is not powerless to remand the accused to judicial custody invoking the power under Section 209 read with Section 437 of the Code of Criminal Procedure. Simply because the Court issuing process does not think it fit to issue a warrant, but issues only summons, it cannot be said that the power of the Court to remand the accused under Section 209 Crl.P.C, subject to the provisions of Section 437 Crl.P.C, is taken away or is not available. The question whether the accused should be remanded or whether he should be granted bail depends upon the discretion of the Court after his appearance before Court or on his production before Court, in a case exclusively triable by the Court of Session. The parameters to be taken note of to consider the question whether bail should be granted to such an accused need be considered only at the time when the accused appears or is brought before Court. Such a question need not necessarily be looked into while issuing process under Section 204 of the Code of Criminal Procedure. The fourth proviso to sub-section (1) of Section 437, which provides that no person shall, if the offence alleged to have been committed by him is puni
