In that view of the matter, he allowed the petition. The situations where two separate authorities can exercise the same power are not foreign to the Code, inasmuch as there are provisions which give concurrent jurisdiction to two authorities, but in case of Section 436(1) there does not appear to be the intention of the legislature to give concurrent power to the Police Officer and the Magistrate. The offences with which the accused-petitioner was sought to be charged were bailable offences and when there is a statutory provision, enjoining upon the police a duty to forthwith release a person accused of a bailable offence immediately if he is prepared to offer the bail, Section 436(1) cannot be interpreted as Mr. 748, wherein the Division Bench of this Court observed as under: The provisions of Section 436 of the Criminal Procedure Code are mandatory and the Police Officer or the court has no discretion in the matter at all.Barot desires, it to be interpreted, for the simple reason that apprehended malignancy on the part of the Police Officer which is the basis of the present petition cannot be made a touch-stone for determining the scope of statutory provisions. When the police is bound to release a person accused of a bailable offence, immediately on his signifying his desire to offer a bail, there is no question of petitioner apprehending that he will be detained for a period of 24 hours before he is produced before the Magistrate. The accused has got to be released on bail the moment he is prepared to give bail.That would tantamount to misuse of powers by the police and the petitioner can have an individual remedy against such an action. The whole question of producing the accused before a Magistrate would only arise if the accused was not prepared to give bail before the Police Officer after his arrest.
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If the renewal attempt fails, we re-attempt renewal on the 5 days later and again 7 days after that. In short this argument is springing from an apprehension that the petitioner even though accused of a bailable offence would be arrested by the police and detained in custody for any period upto 24 hours before the Police produces him before the learned Magistrate. Barot, therefore, urged that the learned Magistrate's refusal to release the petitioner on bail, though the petitioner was prepared to offer the bail and had appeared before the Magistrate, tantamounts to a refusal to exercise jurisdiction which was vested in him and this court should, therefore, issue directions in the nature of mandamus that the learned Magistrate, who is made a party in this petition to respondent No. Barot, the learned advocate that the words 'or appears' occurring in Section 436(1) should be construed in a wider sense and it would not be necessary that the accused should be brought before the court by the Police but he may himself voluntarily appear on coming to know that he is accused of a bailable offence and then the court should treat him as in custody and release him on bail. Barot, as soon as the accused so surrenders himself to the learned Magistrate, the learned Magistrate is legally bound to release the petitioner on bail.When you purchase a domain name, the registry emails you within 24 hours and provides information on completing this process.The registry might request additional documentation to validate the membership.Non-Members (Defensive Registrations) Applicants outside the sponsored adult entertainment community can purchase defensive registrations to block domain names from becoming domain names on a first-come, first-served basis.