Can a magistrate allow bail us 437 Cr PC in session triable case after filling charge sheet?

Anticipatory bail provides that when a person apprehends her likely arrest in a FIR in a Non-Bailable offence, she may apply to the Court of Sessions or High Court, under S. Furthermore, when the offence is triable by Magistrate, she can also file a bail petition under Section 437 CrPC. 6.

What factors should be taken into consideration while considering a bail application in non bailable Offences?

Among other circumstances, the factors to be borne in mind while considering an application for bail are: (i) whether there is any prima facie or reasonable ground to believe that the accused had committed the offence; (ii) nature and gravity of the accusation; (iii) severity of the punishment in the event of …

Can a Magistrate give bail in murder case?

“In a petition presented under section 438 of the Code to the High Court or the Court of Session, the Court has the power to direct to grant of bail, even if the petitioner apprehends arrest by the Police on the allegation that he had committed an offence of murder.”

What is the difference between 438 and 439 of CrPC?

For such Bail, a person can file an application under Section 437 and 439 of the CrPC. 439 of crPc, Session court have power to grant bail under both sections. The only difference between the pre-arrest bail order under Section 438 of the Cr. P.C. and the bail order under Sections 437 and 439 of the Cr.

What is the meaning of section 439?

—Whoever intentionally runs any vessel aground or ashore, intending to commit theft of any property contained therein or to dishonestly misappropriate any such property, or with intent that such theft or misappropriation of property may be committed, shall be punished with imprisonment of either description for a term …

What are the special powers of High Court regarding bail?

Provided that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence which is triable exclusively by the Court of Session or which, though not so triable, is punishable with imprisonment for life, give notice of the application for bail to the Public Prosecutor …

When can bail be granted in non-bailable offence?

An officer- in-charge of the police station may grant bail only when there are no reasonable grounds for believing that the accused has committed a non- bailable offence or when the non-bailable offence complained of is not punishable with death or life imprisonment.