Recently, a Division Bench of the Rajasthan High Court
has also taken a similar view in the case of Nathu Ram S/o Purna
Ram Versus The State of Rajasthan reported in D. B. Cri. Ref.
No.1/2020. A specific question for reference posed before the
division bench of Rajasthan High Court was as follows:-
“What would be the nature of an offence (whether
cognizable or non-cognizable) for which
imprisonment “may extend to three years” is
provided and no stipulation is made in the statute
regarding it being cognizable or non-cognizable.”
After discussion the division bench answered the
reference in paragraph No.25 which reads thus:-
“25. Accordingly, the reference is answered in
terms that unless otherwise provided under the
relevant statute, the offences under the laws other
than IPC punishable with imprisonment to the
extent of three years, shall fall within the
classification II of offences classified under Part II
of First Schedule and thus, shall be cognizable and
non-bailable.”
12. The question, whether the offence is bailable or not
has to be seen in the light of definition of bailable offence provided
under section 2(a) of the Cr.p.c. which reads thus:
“2. Definitions……
(a) “bailable offence” means an offence which is
shown as bailable in the First Schedue, or which is
made bailable by any other law for the time being
in force; and “non bailable offence” means any
other offence;”
13. Thus, the next relevant sections would be sub section 2
of section 4 and section 5 of the Cr.p.c. as they are referred to by
the Division Bench of this court in the case of Mahesh Shivram
Puthran (supra). Part II of the Schedule-I reads thus:-
II – CLASSIFICATION OF OFFENCES AGAINST OTHER LAWS
Offence Cognizable or noncognizable
Bailable or nonbailable
By what court
triable
If punishable with
death,
imprisonment for
life, or
imprisonment for
more than 7 years.
Cognizable Non-bailable Court of Session.
If punishable with
imprisonment for 3
years and upwards
but not more than 7
years.
Cognizable Non-bailable Magistrate of the
first class.
If punishable with
imprisonment for
less than 3 years or
with fine only.
Non-cognizable Bailable Any Magistrate.
14. Bare reading of this Part II of the Schedule -I of Cr.p.c.
shows that, if the offences in the other laws are punishable with
imprisonment for three years and upwards then the offences are
cognizable and non bailable. Wherever it is possible to impose the
punishment extending to three years, this category would apply,
because in such offences it is possible to impose sentence of exact
three years. In such cases offences would be non-bailable.
15. Therefore, first question raised before me is answered
that the offences under section 63 of the Copyright Act and section
103 of Trade Marks Act are non bailable in nature and, therefore,
since these sections are applied here, the application for
anticipatory bail is maintainable.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 336 OF 2021
Piyush Subhashbhai Ranipa Vs The State of Maharashtra
CORAM : SARANG V. KOTWAL, J.
DATE : 26th FEBRUARY, 2021
Print Page