Bailable and Non Bailable Offences
All offences that are committed by a suspect, more or less fall under two categories in our country, bailable offences and Non-bailable Offenses.
Both categories of offences are explained as under:
A. Bailable offences
An offence in which the suspect has a right to bail and hence he can apply for it at any stage of custody or the proceedings of the case, such offence is called a bailable offence.
A person who is indicted under a bailable offence and is detained or imprisoned without a warrant by the officer in charge, or he/ she is taken to the Court, at any phase of the proceeding before the Court , the accused can be released on bail. Under bailable offences bail is a matter of right of the accused.
The righteous officer or the Court may contemplate it to be appropriate for that person to be released on a personal bond without sureties. In the instance of bailable offence, one has to only file the bail bonds, application is not required.
B. Non-bailable offences
The second kind is non-bailable offences. In the case of non-bailable offences the grant or rejection of bail is the complete discreation of the court. In the case of non bailable offences, an application has to be made in the court.
When an accused is suspected of, the commission of a non-bailable offence, and he is under arrest or has been imprisoned without a warrant by an officer in charge or appears or is brought before a Court other than the High Court or Sessions Court, he may be released on bail, as long as the Court directs that the person, be released on bail only if such person is below sixteen years of age or is a woman or is sick or ailing. Further, the Court may also direct that a person be released on bail if it is contented that it is fair and appropriate to do so for any other exceptional reason.
The exceptions to not granting bail are listed as follows:
- No bail will be granted if there are reasonable grounds to believe that the person accused is guilty of an offence punishable with death or life imprisonment.
- No bail will be granted if the offence is cognizable in nature and the person has also been formerly imprisoned of an offence punishable with death, imprisonment for life or imprisonment for seven years or more.
- When the accused is suspected of committing an offence punishable with imprisonment which may extend to seven years or more or of an offence under Chapter 6, Chapter 16 or Chapter 17 of the Indian Penal Code (45 of 1860) or abetment of, or conspiracy or attempt to commit, any such offence, is released on bail under sub-section (i), the Court may impose any condition which the Court considers necessary for granting bail to make sure that-
- The accused or suspect shall appear in agreement with the conditions of the bond executed under the Chapter, or
- Make sure that the accused shall not commit an offence similar to the offence of which he is accused of, or
Anything otherwise in the interest of justice.
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