Commital Of Case -- Magistrate's Power to Commit Case to Sessions Court Cannot Be Overlooked While Granting Bail -- Parity Principle Not Applicable to Habitual Offenders
A Magistrate retains power under Sections 209 and 323 of the Code of Criminal Procedure to commit a case to a Court of Sessions if any offence is exclusively triable by that court, including during the course of trial. Bail cannot be granted on the basis of parity without examining the individual antecedents of the accused. Past criminal conduct and deliberate concealment of identity are relevant considerations, even in the absence of supervening circumstances.
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