Legal Question in Criminal Law in India
rejection of bail application u/s 437 of Cr.P.C.
this is a case where the concerned
police has filed a F.I.R. for the offence
punishable u/s 304, the accused
approached the sessions court and
got the anticipatory bail with a
condition to file the regular bail
within one month for which the
accused filed the application u/s 437
in the munsiff court within one
month but the concerned judge in
the particular court is rejecting all the
applications when anticipatory bail is
granted, whether it amounts to
contempt or he has got powers to do
so.
10 Answers from Attorneys
Re: rejection of bail application u/s 437 of Cr.P.C.
Anticipatory bail is different from regular bail and the munsif court has full discretion to reject or grant regular bail so it does not amount to contempt of sessions court.
Re: rejection of bail application u/s 437 of Cr.P.C.
Yes munsiff court can reject the bail application, it has absolute power and jurisdiction to do so. Concept of anticipatory bail and regular is different.
I think you have asked this question before also.
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Re: rejection of bail application u/s 437 of Cr.P.C.
Already replied.
Re: rejection of bail application u/s 437 of Cr.P.C.
No,it does not amount to contempt.Anticipatory bail ceased to exist when you applied for regular bail.
Re: rejection of bail application u/s 437 of Cr.P.C.
No,it does not amount to contempt.Anticipatory bail ceased to exist when you applied for regular bail.
Re: rejection of bail application u/s 437 of Cr.P.C.
No,it does not amount to contempt.Anticipatory bail ceased to exist when you applied for regular bail.
Re: rejection of bail application u/s 437 of Cr.P.C.
No,it does not amount to contempt.Anticipatory bail ceased to exist when you applied for regular bail.
Re: rejection of bail application u/s 437 of Cr.P.C.
No,it does not amount to contempt.Anticipatory bail ceased to exist when you applied for regular bail.
Re: rejection of bail application u/s 437 of Cr.P.C.
The judge has power to reject regular bail you can approach to higher court for the same against that order while anticipatory bail is operative. This is not contempt of court.
Re: rejection of bail application u/s 437 of Cr.P.C.
Munsiff or Magistrate is very much entitled to decide the bail application filed before it on merit, which includes its rejection.
By rejecting a bail application in a case in which anticipatory bail application has been granted for one month, Munsiff is not committing any contempt and it has powers to do so.
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