Gagan Chhabra (Owner) 10 September 2010

bail

under section 437 (6) crpc , whether bail is mandatory and a right of an accused and the magistrate has to release the accused under all circumstances

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6 Replies

Adv Archana Deshmukh (Practicing Advocate) 10 September 2010

It is not mandatory right to release, the magistrate has his discretion in it, it is clear in the section itself.

Sameer Sharma (Advocate) 10 September 2010

Section 437 (6) Cr.P.C. are mandatory in nature and only in exceptional circumstances for the reasons to be recorded a bail prayer may be refused under section 437 (6) Cr.P.C.

Section 437(6) of CrPC provides that if the trial is not completed with in 60 days from the first date fixed for recording of the evidence, the accused shall be released on bail unless otherwise directed for reasons to be recorded.

Section 437 (6) Cr.P.C. has, therefore, conferred a right on accused of any non bailable offence triable by a Magistrate to claim bail if the trial is not concluded within 60 days from the first date fixed for taking evidence in the case and the accused remains in custody during the whole period of 60 days. Only in exceptional cases the bail may be refused for the reasons to be recorded in writing which must be based on just, fair and reasonable grounds. If there is no just, fair or reasonable ground to refuse the bail under section 437 (6) Cr.P.C., the accused should be enlarged on bail if the conditions specified in section 437 (6) Cr.P.C., are fulfilled. Ordinarily the bail prayer under section 437 (6) Cr.P.C. should be made before the Trial Magistrate but in a case where earlier bail application has been rejected by the higher court, the bail prayer under section 437 (6) Cr.P.C. may be made even in the higher court.

ASHISH PATHAK (STUDENT) 10 September 2010

Mr. gagan,if the offence is bailable, then its the matter of right for the accused to be released on bail, but on the other hand if the offence is non bailable, then its magistrate's discretion to give bail or not.

(Guest)

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