AMIT (-) 21 February 2013

Bail

If a person is arrested for an offence under a section of IPC which is cognizable and bailable, must police grant the bail or police can alternately produce him before a magistrate for bail ? Recently, police did not grant the bail but produced him before a magistrate

Is not it mandatory for police to grant bail without taking the arrested person to a magistrate?

If the police does not grant the bail, then what is the purpose of classifying the offence as bailable as the same procedure that is followed for non-bailable offence has been followed.

Pl. explain

Reply Follow

5 Replies

Chetan Joshi (Advisory/Advocacy) 22 February 2013

Police has been given some powers under Crpc...

AMIT (-) 22 February 2013

Mr. Chetan,

Your answer is not at all clear.

Pl. cite the relevent section/ provision etc.

(Guest)

@Querist,

Bail is granted by a competant court only. No police has the power to grant a bail to a person strictly to say.

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 23 February 2013

Dear Querist

you should read section 41A of Cr.PC, may be you got your answer.

AMIT (-) 26 February 2013

Respected Nadeem sir,

I reproduce S .41-A of CRPC below.

(a) who has been concerned in any cognizable offence, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been so concerned; or

However, it does not solve the querry. Will u please throw more light on the matter.