bail
jagadhathri
(Querist) 04 October 2009
This query is : Resolved
whether a magistrate can reject a bail application with sufficient ground for a bailable offence
Sachin Bhatia
(Expert) 04 October 2009
No, magistrate can not reject bail. It is the right of the accused to get bail in bailable offence.
K.C.Suresh
(Expert) 05 October 2009
No Mag is incorrect
adv. rajeev ( rajoo )
(Expert) 05 October 2009
No in case of bailable offences bail cannot be rejected. There is one ruling right now I don't have will be informed you later it is well interpreted judgement regarding the same matter.
PJANARDHANA REDDY
(Expert) 05 October 2009
ALL R SUGGESTED WELL, NO DISPUTE, IT IS THE RIGHT OF ACCUSED
Sachin Bhatia
(Expert) 05 October 2009
Sec 436. Crpc 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, 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 1[or section 446A].
(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.
Sachin Bhatia
(Expert) 05 October 2009
The right to claim bail under Section 436 of the Criminal Procedure Code in a bailable offence is an absolute and indefeasible right and court cannot have any discretion to reject bail, the Supreme Court has held.
A Bench of Justice R. V. Raveendran and Justice J. M. Panchal said, “the right to claim bail granted by Section 436 of the Code in a bailable offence is an absolute and indefeasible right. In bailable offences there is no question of discretion in granting bail as the words of Section 436 are imperative.â€
Writing a judgment Justice Panchal said: “There is no manner of doubt that bail in a bailable offence can be claimed by accused as of right.
“Further a bail granted to a person accused of bailable offence could not be cancelled on the ground that the complainant was not heard.â€
The Bench said, “under Section 436 Cr. P.C what has to be ascertained by the officer or the court is as to whether the person accused is alleged to have committed bailable offences and if the same is found to be in affirmative, officer or the court has no other alternative but to release such person on bail if he is ready and willing to abide by reasonable conditions which may be imposed on him.â€
Raj Kumar Makkad
(Expert) 06 October 2009
Sachin has elaborated the relevant provision of Cr. P. c. and there is nothing to add therein.
Sarvesh Kumar Sharma Advocate
(Expert) 04 October 2009
