NOTES ON BAIL AND ANTICIPATORY BAIL UNDER CR.P.C
S 436. In what cases bail is to be taken:-
In bailable offence, bail can be claimed as a matter of right.
S 436A (inserted by 2005 amendment) provides that if a person has during the period of investigation,inquiry or trial under the Code, undergone imprisonment for a period extending upto one half of the maximum imprisonment specified for that offence,he shall be released by court on his personal bond with or without sureties. However this can not be done if the offence is one for which death sentence has been specified as one of the punishments.
It is also provided that,in any case,a person can not be detained during the period of investigation,inquiry or trial,for more than the maximum period of imprisonment for that offence.
