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Crpc 437 (Such Person Shall Not Be Released ........................ )
25-Mar-2023 (In Criminal Law)
If a person convicted in two or more offence of ipc 354 can he be released using crpc 437 ?In crpc 437 it is written such person shall not be released if previously convicted of two or more occasions of cognizable offence punishable with imprisonment of three years or more but not less than 7 years..But ipc 354 is more than 1 year but extend to 5 year..Please help
bail can be granted by judicial magistrate if he is satisfied that It is just and proper so to do for any other special reason to do so.
however High Court or Court of secession can grant bail there is no bar to them.
Even bar is also not upon judicial magistrate but s.437 creates extra caution upon JM before granting bail, therefore in these cases they normally do not grant bail and the accused has to move Court of Secession or High Court
however High Court or Court of secession can grant bail there is no bar to them.
Even bar is also not upon judicial magistrate but s.437 creates extra caution upon JM before granting bail, therefore in these cases they normally do not grant bail and the accused has to move Court of Secession or High Court
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Adv. Ravi Panwar
Delhi | 25+ Answers
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Dear client
Bail can be sought under section 437 Cr.P.C if the alleged offence falls under 354. The power under 437 given to a magistrate is discretionary. Bail is not a matter of right here.
Feel free to get in touch to discuss further
Bail can be sought under section 437 Cr.P.C if the alleged offence falls under 354. The power under 437 given to a magistrate is discretionary. Bail is not a matter of right here.
Feel free to get in touch to discuss further
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Adv. Abhinav Sharma
Delhi | 500+ Answers
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Section 437 related to bail and cannot be invoked after the court has convicted the accused. Once conviction is ordered, your only legal resort is to file an appeal against the said conviction and ask the court to suspend your sentence or keep you out on bail.
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Adv. Rohan Sharma
Delhi | 200+ Answers
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