Bail able Offense: When any person accused for a bail
able offense is arrested or detained without warrant by an officer in charge of
a police station, or appears or is brought before a Court, and is prepared at
any time while in the custody of such officer or at any stage of the proceeding
before such Court to give bail, such person shall be released on bail.
In case of a bail able offense
bail is a matter of right.
If such officer or Court thinks
it fit such person maybe released on a personal bond without sureties. In case
of bail able offense, one has to only file the bail bonds and no application is
required.
Non Bail able Offense: In case a person is accused of a non-bail able offence it is a matter of discretion of the court to grant or refuse bail and application has to be made in court to grant bail.
1. When a person accused of, or suspected of, the commission of any non-bail able offence is arrested or detained without warrant by an officer in charge of a police station or appears or is brought before a Court other than the High Court or Court of Session, he may be released on bail, but
Non Bail able Offense: In case a person is accused of a non-bail able offence it is a matter of discretion of the court to grant or refuse bail and application has to be made in court to grant bail.
1. When a person accused of, or suspected of, the commission of any non-bail able offence is arrested or detained without warrant by an officer in charge of a police station or appears or is brought before a Court other than the High Court or Court of Session, he may be released on bail, but
i. such person shall not be
released if there appear reasonable grounds for believing that he has been
guilty of an offense punishable with death or imprisonment for life;
ii. such person shall not be so
released if such offense is a cognizable offense and he had been previously
convicted of an offense punishable with death, imprisonment for life or
imprisonment for seven years or more, or he had been previously convicted on
two or more occasions of a non-bail able and cognizable offense :
Provided that the Court may
direct that a person referred to in clause (i) or clause (ii) as above, be
released on bail if such person is under the age of sixteen years or is a woman
or is sick or infirm:
Provided further that the Court may also direct that a person referred to in clause (ii) be released on bail if it is satisfied that it is just and proper so to do for any other special reason:
Provided further that the Court may also direct that a person referred to in clause (ii) be released on bail if it is satisfied that it is just and proper so to do for any other special reason:
Provided also that the mere fact
that an accused may be required for being identified by witnesses during
investigation shall not be sufficient ground for refusing to grant bail if he
is otherwise entitled to be released on bail and gives an undertaking that he
shall comply with such directions as may be given by the Court.
2. If it appears to such officer
or Court at any stage of the investigation; inquiry or trial, as the case may
be, that there are not reasonable grounds for believing that the accused has
committed non-bailable offence, but that there are sufficient grounds for
further inquiry into his guilt, the accused shall, subject to the provision of
section 446-A and pending such inquiry, be released on bail or, at the
discretion of such officer or Court, on the execution by him of a bond without
sureties for his appearance as hereinafter provided.
3. When a person accused or
suspected of the commission of an offense punishable with imprisonment which
may extend to seven years or more or of an offense under Chapter 6, Chapter 16
or Chapter 17 of the Indian Penal Code (45 of 1860) or abetment of, or
conspiracy or attempt to commit, any such offense, is released on bail under
sub-section (!), the Court may impose any condition which the Court considers
necessary-
a. in order to ensure that such
person shall attend in accordance with the conditions of the bond executed
under this Chapter, or
b. in order to ensure that such
person shall not commit an offense similar to the offense of which he is
accused or of the commission of which he is suspected, or
c. otherwise in the interests of
justice.
4. An officer or a Court
releasing any person on bail under sub-section (1) or sub-section (2), shall
record in writing his or its reasons or special reasons for so doing.
5. Any Court, which has released
a person on bail under sub-section (1) or sub-section (2), may, if it considers
it necessary so to do, direct that such person be arrested and commit him to
custody.
6. If, in any case triable by a Magistrate, the trial of a person accused of
any non-bail able offence is not concluded within a period of sixty days from
the first date fixed for taking evidence in the case, such person shall, if he
is if custody during the whole of the said period, be released on bail to the
satisfaction of the Magistrate, unless for reasons to be recorded in writing,
the Magistrate otherwise directs.
If, at any time after the
conclusion of the trial of a person accused of a non-bailable offence and
before judgment is delivered, the Court is of opinion that there are reasonable
grounds for believing that the accused is not guilty of any such offence, it
shall release the accused if he is in custody, on the execution by him of a
bond without sureties for his appearance to hear judgment delivered.
.jpg)
