In case the court is convinced that bail should be granted it passes the order after hearing the arguments. If accused knows that there is a summon, he will be justified in saying that he may be sent to jail when he appears before the magistrate. Share on Facebook Share on Twitter Refrain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks, name calling or inciting hatred against any community. One must be clear with the meaning of non-bailable offence. Police after arrest of the accused authorized to release him depending upon the conditions to be fulfilled in this regard. C Amendment Act, 2005 is excluded and therefore not yet enforced. Therefore, their case for bail falls within Section 437 of the Code of Criminal Procedure which is the specific provision dealing with grant of bail to an accused in cases of non-bailable offences.
Non bailable Imprisonment for 10 years with fine 304A Punishment for causing death by negligence Bailable Imprisonment for 2 years. This is clearly contrary to the legislative scheme. If you go through Section 42 sub-section f iii of Code of Criminal Procedure Amendment Act, 2005 No. Which offence is bailable and which one is non-Bailable it is decided by the law i. Roopkishore Khore 2011 The Accused is not arrested once such a complaint is made, instead the Court only issues a summon asking the accused to be present during the date of trial. The judgment was passed on a suo moto cognizance taken by the Hon'ble High Court. Question: I want to know whether Section 506 of Indian Penal Code is bailable or non-bailable in Maharashtra? C court cannot be oblivious of firstly the fact that Investigating Officer did not deem it necessary to either arrest the accused during investigation or forward him in custody under Section 170 Cr.
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. The issuance of non-bailable warrants involves interference with personal liberty. Any reference to any advocate on this website does not constitute a referral or endorsement, nor does it constitute an advertisement. The Central police registered a case invoking non-bailable sections against Ayyappa Dharma Sena president Rahul Easwar on Friday. We normally should refrain from saying that the judgment was per-in curium. Section 436 of the Code authorizes the Magistrate conducting an inquiry under Section 116 of the Code to release the person concerned in the inquiry on bail with or without surety to ensure his attendance in Court.
Someone told me that it is non-bailable in Maharashtra, though in general it is bailable. State of Uttaranchal and Others 2007 12 Scale15 About the Author: Amitabh Sengupta - I am pursuing my L. He is not released, if there is reasonable ground that he has been guilty of an offense punishable with death or life imprisonment section 497 of Cr. Even though there is no legal bar for a Magistrate to consider an application for grant of bail to a person who is arrested for an offence exclusively triable by a court of Sessions yet it would be proper and appropriate that in such a case the Magistrate directs the accused person to approach the Court of Sessions for the purposes of getting the relief of bail. When a person accused of, or suspected of, the commission of any 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 other than the High Court or Court of Session, he may be released on bail, but i. However, the approach of the law is different in both cases which is clear from the following description. If law states that this offense is Bailable and Non Bailable Offense than no court can change it.
Amendment of the First Schedule. If the above said judgment is followed blindly, the Magistrate has to release the accused on bail even where the offence is punishable with life imprisonment or death. It is characterised as a non-bailable offence which means that bail cannot be given as the matter of right. Generally the Judicial First Class Magistrate is empowered to try the cases of bailable and non-bailable offences. Yet, many people ignores that this Amendment was followed by a Notification dated 21st June, 2006 in the Gazette of India.
Non-bailable Imprisonment for life and fine or Imprisonment for 3 years and fine or fine. In the end of the judgment however, directions for criminal courts came to be listed. In all Bailable and Non Bailable Offense an application has to be filled file stating the grounds on which bail should be granted to him. In regard to a bailable offence, Magistrate is not competent to impose condition in bail such as accused shall appear before the investigating officer once in three days, etc. A clear decision was rendered therein that courts have no such power. Interesting issue may arise in a given factual matrix.
Of course, it is an important factor which should weigh in the mind of the court. Although, the discretion is exercised judiciously it is not possible to computerize and reduce into immutable formulae the diverse considerations on the basis of which this discretion is exercised. Non- bailable Offense When a person accused of a non bailable offense is arrested or is detained without warrant by an officer in charger of a police station or appear before or brought to the court, he may, before prosecution and after recording reasons in writing, be released on bail. M Not in touch with my family from last 5 Months. Hon'ble High Court of Delhi seems to suggest so. Thus, it is clear that while deciding a bail application, the court must take into consideration all important factors and the non-arrest of the accused during investigation and failure of Investigating Officer to produce him in custody while filing the charge sheet cannot be the sole determinant for deciding whether to grant or refuse bail to the petitioner.
Chargesheet Without Arresting The Accused And Right Of Bail
It is well settled by various pronouncements of Supreme Court that while dealing with a bail application, the court must take into account various factors, namely, nature and gravity of accusation; nature of evidence against the accused; severity of punishment in the event of conviction; danger of accused fleeing from justice; the danger of accused trying to influence the witnesses or thwarting the course of justice and the character and antecedents of the accused etc. If tell to my boss or my staff my image will b spoiled. My wife is a good girl. A person who has been released on bail by the police should seek fresh bail from the Court. It is non-bailable and the accused can then be convicted to a maximum of life imprisonment. Bail is the release of an accused held in the legal custody while waiting for the trail or appeal against the decision and it is irrelevant whether the person is in.
C while filing the charge sheet under Section 173 Cr. According to this notification, section 324 of Indian Penal Code,1860 is not non-bailable offence. Recently he had beaten his coligue in police station nd was suspanded. I do not find merit in this contention. In non-bailable offences, the Courts use their discretionary power, and depending upon the circumstances of the case they use to grant the bail. Generally speaking if punishment prescribed is for imprisonment for life and death penalty and the offence is exclusively triable by the Court of Sessions, Magistrate has no jurisdiction to grant bail unless the matter is covered by the provisos attached to Section 437 of the Code.
