Court has to decide bail application

Whenever an accused appears before the court or is brought before the court, he/she has the option to apply for bail. In such cases when the bail application is filed, the court has to first ascertain whether the offence the person is accused of, is bailable or  non bailable. In bailable offence or bailable cases, the accused can get the bail from police station itself as per the mandate of section 436 CrPC if the accused is ready to furnish bail and furnishes bail.  In cases of non bailable offences the grant of bail is a discretion of the court.

In State versus Captain Joginder Singh 1961 Supreme court ash observed that “Whenever an application for bail is made to a court, the first question that it has to decide is whether the, offence, for which the accused is being prosecuted is bailable or otherwise. If the offence, is bailable, hail will be granted, under s. 496 of the Code of Criminal Procedure without more ado ; but if the offence is not bailable, further considerations will arise and the court will decide the question of grant of bail in the light of those further considerations.”

Section 436 provides for the bail in bailable offences whereas section 437 CrPC provides for bail in non bailable offences. In such cases the court shall adhere to the principles provided under section 437 CrPC.

In non bailable offences, the Magistrate may release the accused under section 437 CrPC whereas the Court of session or the Hon’ble High court may release the applicant under section 439 CrPC.

(Visited 11 times, 1 visits today)