Action against Police

AMIT KUMAR SHARMA (Querist) 15 July 2017 This query is : Resolved
Sir my cousin brother was cought by police under section 13 of gambling act which is bailable offence . I requested to PS in charge to release him with sufficient security because the sec 436 gives power to police to releases accused forthwith after take sufficient security but Police denied to do it . What action can be taken against police. Please help.

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AMIT KUMAR SHARMA (Querist) 16 July 2017
Sir I know if Police not granting bail then bail to applied before the Honorable court but if in the bailable offence accused is entitled to get the bail from PS why the police has violated his constitutional right and accused detained in custody unnecessary. If any action can be taken against police , pls advice.

Guest (Expert) 16 July 2017
Decision to grant bail in Police Station is at the discretion of Police only

Guest (Expert) 16 July 2017
The Police can not be forced to grant bail in Police station it self irrespective of their powers to do so

AMIT KUMAR SHARMA (Querist) 16 July 2017
But Raj Kumar ji section 436 not gives discretion power to police in bailable offence . If the accused is ready to give sufficient surety police shall release him on bail. There is no need to detained unnecessary.

Guest (Expert) 16 July 2017
Discretion - meaning-freedom to decide what to be done at particular situation

AMIT KUMAR SHARMA (Querist) 16 July 2017
If it's not applied on every bailable offence then the police can arrest in BW and present the accused before the magistrate.

AMIT KUMAR SHARMA (Querist) 16 July 2017
Dear perfect sec 436 gives gives entitlement to accused to get the bail and my brother also implicated in bailable offence without warrant then he can gives surety to police officer and can be released on bail by police.

AMIT KUMAR SHARMA (Querist) 16 July 2017
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."

AMIT KUMAR SHARMA (Querist) 16 July 2017
I will wait for your response.

AMIT KUMAR SHARMA (Querist) 16 July 2017
Mr. Perfect and Mr.Rajkumar please read judgement Rameshbhai Amritlal vs state 1982 then reply. Mr. Expert if you are not aware about law then don't post your reply and not misguide to querist.

AMIT KUMAR SHARMA (Querist) 16 July 2017
Mr. expert , if you don't have knowledge it's not mean that nobody have knowledge. I suggest you not to reply or intervene if you don't have knowledge let other expert reply.

Guest (Expert) 16 July 2017
Author Amit Kumar sharma you had posted your self as Advocate in Ghaziabad court in your profile.You could better discuss it with your brother advocates there it self.Police dept is thorough with Legal knowledge and normally they also seek the guidance and legal opinion of public prosecutors before initiating any thing.If at all you are so confident about your statements why dont you go ahead and file a suit against the concerned police being your self an advocate instead of getting frustrated over the advises here

Rajendra K Goyal (Expert) 16 July 2017
Being a lawyer please discuss with seniors / consult library.

AMIT KUMAR SHARMA (Querist) 16 July 2017
Mr. Expert , if you provide me solution of my query instead of said Ramayan , I really do appreciate.

Action against Police

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