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CrPC Section-437 - When bail may be taken in case of non-bailable offence

Description

  • Release on Bail (Non-Bailable Offences):
    When any person accused of, or suspected of, committing any non-bailable offence is arrested or detained without a 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), such person may be released on bail. However, the release is subject to the following conditions:

    • Reasonable grounds for guilt: The person shall not be released on bail if there are reasonable grounds for believing that they have committed an offence punishable with death or imprisonment for life.
    • Previous Convictions: If the person is accused of a cognizable offence and has a prior conviction for an offence punishable with death, imprisonment for life, or imprisonment for seven years or more, or has been convicted multiple times for a cognizable offence punishable with imprisonment for three years or more (but less than seven years), the person shall not be released on bail.

    Exceptions:

    • If the person is under the age of 16 years, is a woman, or is sick or infirm, the Court may release them on bail even if they meet the conditions above.
    • If the person is convicted under the second condition (prior convictions), the Court may release them on bail for any special reason if it considers it just and proper.
    • The mere requirement of the accused being identified by witnesses during the investigation is not enough to deny bail if they meet other criteria for release.
  • Opportunity for Public Prosecutor:
    No person, for offences punishable with death, imprisonment for life, or imprisonment for seven years or more, shall be released on bail without giving an opportunity to the Public Prosecutor to be heard.

  • If there are insufficient grounds for non-bailable offence:
    If at any stage of the investigation, inquiry, or trial, it appears that there are no reasonable grounds for believing the accused has committed a non-bailable offence but there are sufficient grounds for further inquiry, the accused shall be released on bail, or at the discretion of the officer or Court, on the execution of a bond without sureties for their appearance.

  • Conditions of Bail:
    When a person is accused of an offence punishable with imprisonment extending to seven years or more, or an offence under specific Chapters of the Indian Penal Code, and is released on bail, the Court shall impose the following conditions:

    • The person shall attend Court in accordance with the conditions of the bond.
    • The person shall not commit an offence similar to the one they are accused or suspected of.
    • The person shall not induce, threaten, or promise to any witness to dissuade them from disclosing facts to the Court or tamper with evidence.
    • The Court may impose additional conditions as necessary for the interests of justice.
  • Record of Reasons:
    An officer or Court releasing a person on bail under these conditions must record in writing the reasons for doing so.

  • Arrest after Bail:
    The Court may, if it deems necessary, direct that the person be arrested again and committed to custody.

  • Release after Trial Delays:
    If, in a case triable by a Magistrate, the trial is not concluded within 60 days from the first date fixed for taking evidence, and the person has been in custody throughout, they shall be released on bail, unless the Magistrate records reasons for not doing so.

  • Release Before Judgment:
    After the trial concludes and before judgment is delivered, if the Court believes there are reasonable grounds for thinking the accused is not guilty of the offence, the person shall be released on a bond without sureties for their appearance to hear the judgment.

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