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1 - 10 of 10 (0.28 seconds)Section 326 in The Indian Penal Code, 1860 [Entire Act]
Section 452 in The Indian Penal Code, 1860 [Entire Act]
Section 439 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 324 in The Indian Penal Code, 1860 [Entire Act]
Section 354 in The Indian Penal Code, 1860 [Entire Act]
Section 306 in The Indian Penal Code, 1860 [Entire Act]
Prahlad Singh Bhati vs N.C.T., Delhi & Anr on 23 March, 2001
In case of Prahlad Singh
Bhati (supra), Hon'ble Supreme Court in paragraph-7 has held
"Powers of the Magistrate, while dealing with the applications for
grant of bail, are regulated by the punishment prescribed for the
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offence in which the bail is sought."
Section 437 in The Indian Penal Code, 1860 [Entire Act]
Prasad Vasant Kulkarni vs The State Of Maharashtra And Anr on 18 November, 2019
14.The ruling relied upon by learned counsel for the respondent in the
case of Ishan Vasant Deshmukh (supra), learned Judge of the
High Court of Bombay considering the ruling of Hon'ble Supreme
Court in case of Prahlad Singh Bhati Vs. NCT Delhi & Anr. reported
in (2001) 4 SCC 280 has held that the Magistrate will have no
jurisdiction to grant bail unless offence is also exclusively triable by
the Court of Sessions. Provision under Section 437 of Cr.P.C. does
not make any difference that the offence alleged to be triable by
the Judicial Magistrate or by the Court of Sessions, but it only
mentions the restriction upon the jurisdiction of Magistrate to
enlarge the person on bail arrested for commission of non-bailable
offence if there appear reasonable grounds for believing that he
has been guilty of an offence punishable with death or
imprisonment for life. Under Section 437 of Cr.P.C. what has been
made important is consideration of punishment prescribed for the
non-bailable offence and not the offence to be triable by the Court
of Judicial Magistrate or Sessions Court.
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