Binding force of judgements which are referred to larger bench
Offence registered u/s.420,467,471,409,120-b of IPC against accused. The one accused who is bank manager arrested and JMFC released him on bail. MY question is that JMFC is not having jurisdiction to grant bail when offence provides punishment of death sentence and life imprisonment u/s.437(1)(i) of Cr.P.C. There is one judgement of Bombay HC reported in 2002(Supp.2) Bom. C.R.79 which is judgement of single bench judge in which held that JMFC not having jurisdiction to grant bail in offence u/s.409 of IPC. Thereafter, there are 3 judgements of single bench of bombay HC i.e. 2010 ALL M.R. (Cri.) 2775, 2011 (3) Bom. C.R. (Cri.) 243, 2012 (2) Bom. C.R. (Cri.) 841. These 3 judgements are of single bench of Bom. HC. Subsequent 3 judgement has not followed the judgement 2002(Supp.2) Bom. C.R.79 and still take the contrary view. Thereafter In Criminal Application No.1289/2012, single judge of Bombay HC Smt. Sadna Jadhav, referred the matter to Chief Justice of Bom HC and requested to constitute larger bench for deciding the question as below.
23. Hence, the following questions need to be considered by a Larger Bench :-
(i) Whether the powers to grant bail in non-bailable offences, where the punishment is life imprisonment or offences for which the punishment extends upto imprisonment for life can be exercised only within the limited purview of Section 437(1)(i) of Cr.P.C. and the proviso to Section 437 of Cr.P.C.?
(ii) Whether a Magistrate is empowered to grant bail in an offence punishable with imprisonment for life or the punishment prescribed may extend to imprisonment for life, only on the ground, that he has jurisdiction to try the offence?
24. Registry to submit the papers before the Hon'ble Chief Justice for orders.
this reference has not decided till today.
------------------------ My query is that i have filed application for cancellation of bail before session judge. In this circumstances, during the pendancy of above reference, before larger bench session judge or JMFC which judgement ought to follow ? , ( 2 question)
Pls give your advice.
-- Adv. Bodkhe B.S.
District & Sessions Court Beed