Chatral xxx com


That would tantamount to misuse of powers by the police and the petitioner can have an individual remedy against such an action. The whole question of producing the accused before a Magistrate would only arise if the accused was not prepared to give bail before the Police Officer after his arrest.

But even when he is produced before the Magistrate and he is prepared to give bail, the Magistrate has no option but to release him on bail so far as bailable offence is concerned.

The above observation clearly connote that the Supreme Court was concerned in the said case with the interpretation of term 'custody'. In the said case before the learned single Judge, the Police had registered a case against the petitioner for offences punishable under Sections 353, 142, 153 and 324 of the I. The petitioners approached the High Court questioning the correctness of the order passed by the Magistrate. Barot, vehemently urged that the facts of the said case before the learned Single Judge of the Karnataka High Court and the facts of the present case are absolutely identical and hence this court also should take the same view as was taken by the learned single Judge. The duty enjoined upon the Police also finds support from Section 50(2).

The observations made in connection with the word 'custody' and the elaboration of the said term in the context of Section 439 will have no application, to a case which falls under Section 436(1) because not only the phraseology of two sections is totally different but Section 436(1) empowers the Magistrate to exercise jurisdiction only 'at any stage of proceeding. The learned single Judge observed: When the mere physical presence before the Court with a request to grant bail amounts to custody, it is more than appearance. With very great respect for the learned Judge, I feel that the Magistrate would get jurisdiction to release the accused on bail on his appearing before him only at any stage of the proceeding before the said court and mere receipt of the FIR would not tantamount to any proceedings before the court. Barot also urged that proceedings need not only mean judicial proceedings and for propounding this proposition he relied upon a case reported at 1953 Cr. Any other construction of Section 436(1) would necessarily lead to an absurd situation where two separate authorities will be exercising the same power which could not have been the legislative intent.

After the registry validates the membership, you must submit your membership credentials (ID) to us.

Once you have a membership ID, you can use it for all domain names you register.

In short this argument is springing from an apprehension that the petitioner even though accused of a bailable offence would be arrested by the police and detained in custody for any period upto 24 hours before the Police produces him before the learned Magistrate. Barot, therefore, urged that the learned Magistrate's refusal to release the petitioner on bail, though the petitioner was prepared to offer the bail and had appeared before the Magistrate, tantamounts to a refusal to exercise jurisdiction which was vested in him and this court should, therefore, issue directions in the nature of mandamus that the learned Magistrate, who is made a party in this petition to respondent No.