- When bail may be taken in case of non-bailable offence.
1[(1) When any 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) Such person shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life;
(ii) Such person shall not be so released if such offence is a cognizable offence and he had been previously convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more, or he had been previously convicted on two or more occasions of a non- bailable and cognizable offence:
Provided that the court may direct that a person referred to in clause (i) or clause (ii) be released on bail if such person is under the age of sixteen years or is a woman or is sick or infirm:
Provided further that the court may also direct that a person referred to in clause (ii) be released on bail if it is satisfied that it is just and proper so to do for any other special reason:
Provided also that the mere fact that an accused person may be required for being identified by witnesses during investigation shall not be sufficient ground for refusing to grant bail if he is otherwise entitled to be released on bail and gives an undertaking that the shall comply with such directions as may be given by the court.]
(2) If it appears to such officer or court at any stage of the investigation, inquiry or trial as the case may be, that there are not reasonable grounds for believing that the accused has committed a non-bailable offence, but that there are sufficient grounds for further inquiry into his guilt, 2[the accused shall, subject to the provisions of section 446A and pending such inquiry, be released on bail], or, at the discretion of such officer or court on the execution by him of a bond without sureties for his appearance as hereinafter provided.
(3) When a person accused or suspected of the commission of an offence punishable with imprisonment which may extend to seven years or more or of an offence under Chapter VI, Chatter XVI or Chapter XVII 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 (1) the court may impose any condition which the court considers necessary-
(a) In order to ensure that such person shall attend in accordance with the conditions of the bond executed under this Chapter, or
(b) In order to ensure that such person shall not commit an offence similar to the offence of which he is accused or of the commission of which he is suspected, or
(c) Otherwise in the interests of justice.
(4) An officer or a court releasing any person on bail under sub-section (1), or sub- section (2), shall record in writing his or its 3[reasons or special reasons] for so doing.
(5) 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.
(6) If, any case triable by a Magistrate, the trial of a person accused of any non bailable offence is not Concluded within a period of sixty days from the first date fixed for – taking evidence in the case, such person shall, if he is in custody during the whole of the said period, be released on bail to the satisfaction of the Magistrate, unless for reasons to be recorded in writing, the Magistrate otherwise directs.
(7) If, at any time after the conclusion of the trial of a person accused of a non bailable offence and before Judgment is delivered the Court is of opinion that there are reasonable grounds for believing that the accused is not guilty of any such offence, it shall release the accused, if he is in custody, on the execution by him of a bond without sureties for his appearance to hear judgment delivered.
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Supreme Court of India
Bashir And Others vs State Of Haryana
Equivalent citations: 1978 AIR 55, 1978 SCR (1) 585
Author: P Kailasam
Bench: Kailasam, P.S.
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Ajaib Singh v. State of Punjab) held that the considerations for grant of bail at the stage when no report U/s 173 Cr.P.C. was filed was entirely different because if the report is not produced within 2 months, the Court has no option but to grant bail to the accused howsoever heinous the nature of the offence may be. Holding that when once a report under s. 173 Cr.P.C. is filed by the police, the court has jurisdiction to cancel the bail, the Sessions Court allowed the above application and cancelled the bail. An appeal against the order of the Sessions Judge cancelling the bailwas dismissed by the High Court. The view taken by the High Court was challenged in the appeal beforethis Court by special leave on the ground that when once the bail is grantedu/s. 1672) Cr.P.C. it cannot be cancelled on the mere ground that subsequently the police had filed a challan but that the bail order can only be cancelled under the provision of s. 437(5) Cr.P.C. Section 167(2) of the Criminal Procedure Code, 1973 empowers the Magistrate to authorise the detention
bail u/s. 167(2) Cr.P.C. has the same incidents as the bail granted Linder Chapter XXXIII and is accordingly to remain valid till it is cancelled, and the cancellation of a bail can only be on the grounds known to law and the receipt of the charge sheet in court can by itself be no ground for cancellation of the bail. [590 F-G] (4)The cancellation of bail for the reasons stated by the High Court is not sound. [590 H]
others. While eight others were released or bail, the appellants were refused bail as it was alleged that they caused injuries to Sagru. The First Information Report of the offence was lodged on December 2, 1975 and the three appellants and eight others were arrested on the same day. Though the other eight accused were released on bail, the bail application of the three appellants was rejected by the Sessions Court on December 15, 1975. The High Court also declined to release them on bail by an order dated February 5, 1976. But as no challan was filed by the police in the case within sixty days from the date of the arrest of the appellants they were released on bail on February 23, 1976 under section 167(2) of the Criminal Procedure Code. Subsequently the police filed challan and the Magistrate committed all the eleven accused to the Sessions Court and released them including the appellants on bail. The complainant filed an application, out of which this appeal arises, before the Sessions Court for cancellation of the bail to the three appellants on the ground that their petitions for grant of bail were rejected on merits both
Ajaib Singh vs. State of Junjab-held that the considerations for grant of bail at the stage when no report under section 173, Criminal Procedure Code, was filed were entirely different because if the report is not produced within two months, the court has no, option but to grant bail to the accused howsoever the heinous nature of the offence may be. Holding that when once a report under section 173, Criminal Procedure Code, is filed by the police the court has jurisdiction to cancel, the bail allowed the application of the complainant and cancelled the bail. An appeal against the order of the Sessions Judge cancelling the bail was dismissed by the High Court. It was contended before the High Court that when the appellants were released under the proviso to section 167(2) of the Code of Criminal Procedure unless there was an allegation of misconduct or misuse of the terms of the bail bond by them the bail order could not be withdrawn. It was further contended that the order of bail could be, cancelled only under the provisions of section437(5), Criminal Procedure Code, as the order of bail passed under section