Court on its own motion and Sudhir Nathani, the persistent doubt in the legal circle would vanish. Anticipatory bail can be granted in the non- bailable offences only by the Court of Session or by the High Court. 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. He was on bail throughout the trial but was released after the judgment of the High Court, there is nothing to suggest that he has abused the trust placed in him by the court. In all Bailable and Non Bailable Offense an application has to be filled file stating the grounds on which bail should be granted to him.
This is clearly contrary to the legislative scheme. Recording of reason itself suggests that it can only be based on assessment of available circumstances. If you go through Section 42 sub-section f iii of Code of Criminal Procedure Amendment Act, 2005 No. Someone told me that it is non-bailable in Maharashtra, though in general it is bailable. Non- bailable Offense When a person accused of a non bailable offense is arrested or is detained without warrant by an officer in charger of a police station or appear before or brought to the court, he may, before prosecution and after recording reasons in writing, be released on bail. Help us delete comments that do not follow these guidelines by marking them offensive. He is a regular drinker.
Even a police officer on arrest has no discretion to refuse bail when the offence is bailable and the accused is prepared to furnish bail and the police officer causing such detention may be held guilty of wrongful confinement under Section 342 of the Indian Penal Code. However, the approach of the law is different in both cases which is clear from the following description. Further, nothing in this Section shall be deemed to affect the provisions of Section 116 3 or Section 446-A. If we now read both the judgments i. Bt her parents always disturb her.
C; secondly that the court while taking cognizance did not find the circumstances existing in Section 87 Cr. What Section 42 sub-section f iii of Code of Criminal Procedure Amendment Act, 2005 No. In the third instance, when the court is fully satisfied that the accused is avoiding the courts proceeding intentionally, the process of issuance of the non-bailable warrant should be resorted to. In Court On Its Own Motion v. Since, presently we are talking about a situation where upon being summoned the not-so-arrested accused has appeared before the court, normally the court would be that of magistrate and therefore we will confine ourselves to section-437. A expert stated it was maximum in such cases and that all the sections were bailable.
The object of bail is not to penalize the accused but to ensure his presence in Court and the amount of security must be fixed with due regard to the means of accused and the nature of offence. If me and wife and hv small debate in house hold things. In view of the above discussion, it has to be accepted that even if an accused was not arrested during investigation, he cannot claim bail as a matter of right and the bail application has to be dealt with on settled legal principles wherein non-arrest during investigation may be treated as one of the favoring factors. Wat shld i do pls help me i am really in need as m alone. He is not it desperate character or an unsocial element who is likely to betray the confidence that the court may place on him to turn up to take justice at the hands of the court.
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. Answer to this question is in the negative. The issue therefore in the said case before the Hon'ble High Court was only limited to the point as to whether any court can decline to accept a chargesheet on the ground that accused was not produced. Assumption of jurisdiction to entertain the application is distinguishable from the exercise of the jurisdiction. I am working with an event company. Careful reading of Section 88 Cr.
It is non-bailable and the accused can then be convicted to a maximum of life imprisonment. Some fertile mind may argue that if accused person is not released on mandatory bail, the same will cause serious prejudice and result in miscarriage of justice as such accused will not have any recourse available. It clearly appears from the aforesaid judgment that non-arrest during investigation was to be taken as one of the factors in favour of granting bail and was not meant to be a non-negotiable direction for grant of bail but in subsequent decision i. Question: I want to know whether Section 506 of Indian Penal Code is bailable or non-bailable in Maharashtra? In other words, we will have to say that Section-437 does not apply to complaint cases. To get oneself released on bail in bailable or non-bailable offences one has to file the bail bond The bail bond is filed by the surety who takes the responsibility for producing the accused person in the court or before the investigating agency. But there is exception in this section so this section does not applies generally, so when the offense is committed under section 107 of Pakistan penal code offense to abet, instigate or engage intentionally in the commission of illegal act or under section 117 of Pakistan penal code offense committed by the public generally or more than 10 person to obstruct the peace. One more point of frequent mind boggling was also decided in the aforesaid case.
Clearly, magistrate has to record his reason before enlarging the accused on bail. Once this was done, the situation before the Hon'ble High Court exhausted itself and nothing survived for further decision. Bailable and Non Bailable Offences All the criminal offences committed by an accused fall under two categories i. These are the cases where the grant of bail is a matter of course and right. Powers of the Magistrate, while dealing with the applications for grant of bail, are regulated by the punishment prescribed for the offence in which the bail is sought.
C Amendment Act, 2005 is excluded and therefore not yet enforced. At the same time any possibility of the abscondence or evasion or other abuse can be taken care of by a direction that the petitioner will report himself before the police station once every fortnight. Only when in the larger interest of the Public and the State it becomes absolutely imperative to curtail freedom of an individual for a certain period, should non-bailable warrants be issued. Punishment: Punishment for bailable offence is smaller than the punishment for non-bailable offence. If after the conclusion of the trail and before giving judgment, the court is of an opinion that there are reasonable ground for believing that the accused is not guilty, it releases the accused if he execute a bond for his appearance to bear the judgment under section 497 of Cr. Its paid by arrested person on a criminal charges, temporarily released until which time he allowed to go free.
Generally imprisonment less than 3 years or fine or both. . It is not as if I am the first to take such a view contrary to that judgment. The judgment was passed on a suo moto cognizance taken by the Hon'ble High Court. Now, if the Magistrate issues summons and accused appears thereon, the Magistrate has to release the accused on mandatory bail if the above said judgment is to be followed blindly without caring for the circumstances in which the judgment was so rendered.