DINESH VS STATE OF RAJASTHAN
- Court
- Rajasthan High Court
- Bench
- Jodhpur
- Date
- 2 Dec 2020
- Citation / case number
- CRLMB / 12956 / 2020
Summary
Whether all offences under Arms Act,1959(Act) by virtue of Section 37 of the Act r/w Section 436 CrPC are bailable? Held-Section 37 of Act does not deal with bail-As per Schedule I Part II CrPC, for an offence to be bailable, the offence has to be non-cognizable offence, and punishable with imprisonment for less than three years, but as per Section 38 of the Act every offence under the Act is cognizable, therefore all offences under the Act are non-bailable offences-Bail application dismissed.
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