Jan 11, 2018
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When bail may be taken in case of non-bailable offence ?

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When bail may be taken in case of non-bailable offence ?

What is Bail?

According to Halsbury’s Laws of England:65
..the effect of granting bail is not to set the defendant (accused) free, but to release him from the custody of law and to entrust him to the custody of his sureties who are bound to produce him to appear at his trial at a specified time and place. The sureties may seize their principal at any time and may discharge themselves by handing him over to the custody of the law and he will then be imprisoned.
Law Commission of India, Official site, Retrieved on 11th January, 2018.

 Non-Bailable Offence

The term ‘non-bailable offence’ does not means that an accused person cannot get bail under any circumstances. Section 437 of the Code of Criminal Procedure provides the provisions for bail in non-bailable offences. Except on reasonable grounds that the offence committed by accused is punishable with death or imprisonment for life. Where a police officer arrests without warrant any person other than a person accused of a non-bailable offence. Person arrested informed that he can get bail and arrange sureties on this behalf.

When bail may be taken in case of non-bailable offence (section 437)

Sub-section 1 of section 437

Any person accused of the commission of any non-bailable offence arrested or detained without warrant by police officer. Then presented or appears before the court other than the High Court or Court of Session, he may released on bail, but such person shall no released if :

  1. there appear reasonable grounds for believing that he has committed an offence punishable with death sentence or life imprisonment;
  2. such offence is a cognizable offence. He had previously convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more. Also he had previously convicted on two or more occasions of a cognizable offence punishable with imprisonment for three years or more but less than seven years.

Exceptions :

  1.  the Court may direct that a above mentioned person released on bail. If such person has not attained the age of sixteen years or a woman or  also sick or infirm:
  2. the Court may also direct that a person mentioned in clause (ii), released on bail. If it appears just and proper to do so.
  3. the mere fact that an accused person required for his identification by witnesses, shall not deprive him from getting a bail.  Bail granted if entitled to bail and also gives an undertaking that the shall comply with such directions as given by the Court.
  4. no person shall released on bail by the court without giving an opportunity of hearing to the Public Prosecutor. If such person punishable with death sentence or life imprisonment or also imprisonment with extends to term of seven years or more.

In cases of economic offences the court shall give due regard to the amount alleged to have involved and the number of persons cheated.

Sub-section 2 of section 437

If it appears to the Court during the trial or investigation that the accused has not committed a non bailable offence. But on further inquiry of his offence, accused shall released on bail at the discretion of the court on executing the bond with or without sureties for his appearance.

Sub-section 3 of section 437

A accused person or person suspected of the commission of an offence punishable with imprisonment for term of seven years or more. He may also punishable of an offence under Indian Penal Code or abetment, or conspiracy or attempt to commit. He shall released on bail by the court. The court before granting bail may impose the conditions that :

  1. such person shall attend the trial and execute the bond with or without sureties,
  2. person shall not commit an offence of similar nature for which he has tried and punished, and also,
  3. such person shall not directly or indirectly make any inducement, threat or promise to any person for not disclosing the facts to the court or the police officer.

and may also impose, in the interests of justice, such other conditions as it considers necessary.

Sub-section 4 of section 437

An officer or a Court releasing any person on bail under this section, shall record the reason in writing.

Sub-section 5 of section 437

Any Court which has released a person on bail under this section, direct detention of such person and commit him to custody. If considers it necessary to do so to do.

Sub-section 6 of section 437

In any case triable by a Magistrate, the trial of accused person, not concluded within the period of sixty days. The Magistrate, if in custody for whole period, release the person on bail to its satisfaction. Unless the reason recorded in writing and so direct by Magistrate.

Sub-section 7 of section 437

If, at any time after the conclusion of the trial but before the judgement. The court thinks that the person not guilt of such offrnce. Then the court by release such person bail on execution of a bond with or without sureties.

Sub-section 8 of section 437

The bail application shall disposed of normally within one week

Bail to require accused to appear before next appellate Court (section 437A)

  1. The person accused of an offence acquitted the Court or the appellate Court. The person so acquitted shall execute a personal bond for appearance before the higher Court. It shall remain in force for a period of one hundred and eighty days from the date of the judgment.
  2.  If such person fails to appear, the personal bond stand forfeited and the procedure under section 446 shall apply.”.


Article Categories:
Criminal law

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