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In Re: the District Magistrate of Vizagapatam - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Reported in(1948)1MLJ332
AppellantIn Re: the District Magistrate of Vizagapatam
Excerpt:
- - 500 each with two sureties for a like sum for each surety, their relase was subject to the condition that they would not enter upon the land in dispute for a period of one month or until the land dispute is decided by a court of law which-ever is earlier and also subject to the condition that they would not commit breach of peace. 4. in bailable offences it is well settled that there is no question of discretion in granting bail as the words of the section are imperative......bailable and the accused applied for bail. while releasing them on bail under section 496 of the code of criminal procedure, the stationary sub-magistrate, chodavaram, stated that besides executing a bond for rs. 500 each with two sureties for a like sum for each surety, their relase was subject to the condition that they would not enter upon the land in dispute for a period of one month or until the land dispute is decided by a court of law which-ever is earlier and also subject to the condition that they would not commit breach of peace. the district magistrate rightly points out that these conditions are repugnant to the principle and policy of section 496 of the code of criminal procedure.4. in bailable offences it is well settled that there is no question of discretion in granting.....
Judgment:

Yahya Ali, J.

1. This is a reference made by the District Magistrate of Vizagapatam in the following circumstances.

2. A charge sheet was filed by the Koduru Police against 14 persons charging them with offences under Sections 147 and 324 of the Indian Penal Code.

3. Both these offences are bailable and the accused applied for bail. While releasing them on bail under Section 496 of the Code of Criminal Procedure, the Stationary Sub-Magistrate, Chodavaram, stated that besides executing a bond for Rs. 500 each with two sureties for a like sum for each surety, their relase was subject to the condition that they would not enter upon the land in dispute for a period of one month or until the land dispute is decided by a Court of law which-ever is earlier and also subject to the condition that they would not commit breach of peace. The District Magistrate rightly points out that these conditions are repugnant to the principle and policy of Section 496 of the Code of Criminal Procedure.

4. In bailable offences it is well settled that there is no question of discretion in granting bail as the words of the section are imperative. The only choice for the Court is as between taking a simple recognisance of the principal offender or demanding security with surety. Ordinarily the word 'bail' applies to the second kind of security according to the practice and procedure of the Courts. The Criminal Court has no discretion in bailable offences while granting bail under Section 496 of the Code of Criminal Procedure to impose any condition except the demanding of security with sureties. The reference is accepted and the order of the Magistrate passed on 14th August, 1947, granting bail to the accused is modified by deleting from the order the conditions mentioned above.


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