Date : 11-04-2019 10:38
What is an offence?
Any act which is deemed as an offence by any law is an offence. Any act which causes a violation of the rights of others or causes harm to others and is so dangerous that also affects the society at large is designated as offence.
Bail is an instrument which is used to ensure the presence of an accused whenever required by the court.
As per Section 50 of CrPC Whenever a person is arrested without warrant, it is the duty of the police officer to communicate the full detail of the offence for which the person is arrested. Also, if the offence for which the person is arrested is a bailable one, it is the duty of the police to inform that he is entitled to be released on bail after giving surety.
When any person accused for a bailable offence 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.
case of bailable offence, the grant
of bail is a matter of right. It may be either given by a police officer who is having the custody of Accused or by the court. The accused may be released on bail, on executing a “bail bond",
with or without furnishing sureties.
The "Bail Bond" may contain certain terms and conditions, such as:
The accused will not leave the territorial jurisdiction of the state without the permission of the court or police officer. The Accused shall give his presence before police officer every time, he is required to do so. The Accused will not tamper with any evidence whatsoever, considered by police in the investigation.
As per Section 436 of CrPC, whenever a person accused of a bailable offence is arrested without warrant and is prepared to give bail, such person shall be released on bail. The discretion to decide the bail amount is with the Court or with the officer, as the case may be.
In case a person is accused of a non-bailable 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.
A non-bailable offence is one in which the grant of Bail is not a matter of right. Here the Accused will have to apply to the court, and it will be the discretion of the court to grant Bail or not.
The court may generally refuse the Bail, if:
"Bail Bond" has not been duly executed, or if the offence committed is one, which imposes punishment of death or Life imprisonment, such as "Murder " or "Rape" or the accused has attempted to abscond, and his credentials are doubtful.
The application for bail shall be filed before the Magistrate, who is conducting the trial. The application after being filed is usually listed on the next day. On such day, the application will be heard, and the police shall also present the accused in court. The magistrate may pass such orders, as he thinks fit.
A person accused of a non-bailable offence doesn’t have right to be released on bail but the bail can be granted at the discretion of the court, subject to certain conditions given in Section 437 of CrPC. If a person is arrested on accusation of commission of any non-bailable offence, then the person will not be released on bail if there appears a reasonable ground that the person is guilty of an offence punishable with death or imprisonment of life. A person accused with an offence punishable with death or imprisonment of life can be released on bail if the person is:
the age of sixteen years
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