Bail u/s 498A, Directions issued to lower courts, especially in family matters

RAMDEV SAHANI Vs. STATE OF BIHAR

Criminal P. C. (2 of 1974), S. 437 (2) —Penal Code (45 of 1860), S. 498-A – Bail – Directions to lower Courts – Law regarding bail discussed – Directions issued regarding it issued to lower courts – Directions that in family matter If any family member is put behind the bars chances of a settlement may diminish. Hence in cases of 498A, unless the allegations are so gross that there would be, with absolute certainty, no chance of a settlement, whenever an Accused appears or moves for Anticipatory Bail and offers to settle the dispute he should be granted bail/provisional bail. Request to Law Commission to suggest suitable amendment in Section 437 (2) giving Magistrate wider discretion in cases instituted under S. 498A.

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