Getting bail
Querist :
Anonymous
(Querist) 12 November 2011
This query is : Resolved
what is section 437 cr pc what is bail bond
Shonee Kapoor
(Expert) 13 November 2011
437. When bail may be taken in case of non bailable offence:- (1) When any person accused of, or
suspected of, the commission of any non-bailable offence is arrested or detained without warrant by an officerin-
charge of a police station or appears or is brought before a Court other than the High Court or Court of
session, he may be released on bail, but-
(i) such person shall not be so released if there appears reasonable grounds
for believing that he has
been guilty of an offence punishable with death or imprisonment for life;
(ii) such person shall not be so released if such offence is a cognizable
offence and he has been
previously convicted of an offence punishable with death, imprisonment for
life or imprisonment for seven
years or more, or he had been previously convicted on two or more
occasions of a non-bailable and
cognizable offence:
Provided that the Court may direct that a person referred to in clause (1) of clause (ii) be released on bail if
such person is under the age of sixteen years or is a woman or is sick or infirm:
Provided further that the Court may also direct that a person referred to in clause (ii) be released on bail if it is
satisfied that it is just and proper so to do for any other special reason:
Provided also that the mere fact that an accused person may be required for being identified by witnesses
during investigation shall not be sufficient ground for refusing to grant bail if he is otherwise entitled to be
released on bail and gives an undertaking that he shall comply with such directions as may be given by the
Court.
(2) If it appears to such officer or Court at any stage of the investigation, inquiry or trial, as the case may be,
that there are no reasonable grounds for believing that the accused has committed a non-bailable offence, but
there are sufficient grounds for further inquiry into his guilt, the accused shall, subject to the provisions of
Section 446A and pending such inquiry, be released on bail, or, at the discretion of such officer or Court, on
the execution by him of a bond without sureties for his appearance as hereinafter provided.
(3) When a person accused or suspected of the commission of an offence punishable with imprisonment which
may extend to seven years or more or of an offence under Chapter VI, Chapter XVI or Chapter XVII of the
Indian Penal Code (45 of 1860) or abatement of, or conspiracy or attempt to commit, any such offence, is released on bail under sub-section (1), the Court may impose any condition which the Court considers
necessary,-
(a) in order to ensure that such person shall attend in accordance with the conditions of the bond
executed under this Chapter, or
(b) in order to ensure that such person shall not commit an offence similar to the offence of which he
is
accused or of the commission of which he is suspected, or
(c) otherwise in the interests of Justice.
(4) An officer or a Court releasing any person on bail under sub-section (1) or sub-section (2), shall record in
writing his or its reasons or special reasons, for so doing.
(5) Any Court which has released a person on bail under sub-section (1) or sub-section (2), may, if it considers
it necessary so to do, direct that such person be arrested and commit him to custody.
(6) If, in any case triable by a Magistrate, the trial of a person accused of any non-bailable offence is not
concluded within a period of sixty days from the first date fixed for taking evidence in the case, such person
shall, if he is in custody during the whole of the said period, be released on bail to the satisfaction of the
Magistrate, unless for reasons to be recorded in writing, the Magistrate otherwise directs.
(7) If, at any time, after the conclusion of the trial of a person accused of a non-bailable offence and before
judgement is delivered, the Court is of opinion that there are reasonable grounds for believing that the accused
is not guilty of any such offence, it shall release the accused, if he is in custody, on the execution by him of a
bond without sureties for his appearance to hear judgement delivered.
BAIL BOND IS A FORM FOR SURITY.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Arun Kumar Bhagat
(Expert) 13 November 2011
One has to buy bare act of Cr.P.C. Govt. Publications are cheaper one.
prabhakar singh
(Expert) 13 November 2011
You got all with valuable comments.
