Posts tagged bail

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.

Section 436 – In what cases bail to be taken
(1) When any person other than a person accused of a non-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:
Provided that such officer or Court, if he or it thinks fit, may, [may, and shall, if such person is indigent and is unable to furnish surety, instead of taking bail] from such person, discharge him on his executing a bond without sureties for his appearance as hereinafter provided:
Provided further that nothing in this section shall be deemed to affect the provisions of sub-section (3) of section 116 or section 446-A
[ Explanation .–Where a person is unable to give bail within a week of the date of his arrest, it shall be a sufficient ground for the officer or the Court to presume that he is an indigent person for the purposes of this proviso.]
(2) Notwithstanding anything contained in sub- section (1), where a person has failed to comply with the conditions of the bail-bond as regards the time and place of attendance, the Court may refuse to release him on bail, when on a subsequent occasion in the same case he appears before the Court or is brought in custody and any such refusal shall be without prejudice to the powers of the Court to call upon any person bound by such bond to pay the penalty thereof under section 446.

Section 436 crpc provides for the bail in bailable offences, it casts a duty upon the police officer as well as the court to release the accused on bail in bailable offence when the accused is ready and prepared to furnish bail.

examples of Bailable offences Simple Hurt (Section 337; IPC), Bribery (Section 171E; IPC), Public Nuisance (Section 290; IPC), Death by Rash or Negligent Act (Section 304A; IPC) etc. in Indian penal code

This provision has been inserted with a view that a person who absconds or has broken the condition of his bail bond when he was released on bail in a bailable case on a previous occasion, shall not be entitled to bail when brought to Court on any subsequent date even though the offence may be bailable.