Section 436 : In what cases bail to be taken.
- When any person other than a person accused of a non bail able offence is arrested or detained without warrant by an officer in charge of a police station or appears or is brought before a court and is prepared at any time while in the custody of such officer at any stage of the proceedings before such court to give bail such person shall be released on bail.
Provided that such officer or court if he or it thinks fit from such person discharge him on his executing a bond without sureties .
Provided further that nothing in this section shall be deemed to affect the provisions of sub section (3) of section 116 or section 446-A.
- Notwithstanding anything contained in sub section (1) where a person has failed to comply with the conditions of the bail bond as regards the time and place of attendance the Court may refuse to release him on bail when on a subsequent occasion in the same case he appears before the court or is brought in custody and any such refusal shall be without prejudice to the powers of the court to call upon any person bound by such bond to pay the penalty thereof under Section 446.
Section 436 A : Maximum period for which an under-trial prisoner can be detained.
Where a person has during the period of investigation , inquiry or trial under this code of an offence under any law undergone detention for a period extending up to one – half of the maximum period of imprisonment specified for that offence under that law he shall be released by the court on his personal bond with or without sureties:
Provided that the court may after hearing the public prosecutor and for reasons to be recorded by it in writing order the continued detention of such person for a period longer than a one half of the said period or release him on bail instead of the personal bond with or without sureties :
Provided further that no such person shall in any case be detained during the period of investigation , inquiry or trial for more than the maximum period of imprisonment provided for the said offence under that law.
Section 437: When bail may be taken in case of non – bail able offence.
- When any person accused of , or suspected of the commission of any non bail able 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 –
- Such person shall not be so released if there appears reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life.
- 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 cognizable offence punishable with imprisonment for three years or more but not less than seven years.
Provided that the court may direct that a person referred to be released on bail if such person is under the age of sixteen years or is sick or infirm.
Provided further that the court may also direct that a person referred to be released on bail if it is satisfied that it is just and proper so to do for .
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 give an undertaking that he shall comply with such directions as may be given by the court.
Provided also that no person shall if the offence alleged to have been committed by him is punishable with death , imprisonment for life or imprisonment for seven years or more be released on bail by the court under this sub section without giving an opportunity of hearing to the public prosecutor.
- 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 no reasonable grounds for believing that the accused has committed non bail able offence but that there are sufficient grounds for inquiry into his guilt the accused shall subject to the provisions of section 446 A 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.
- When a person accused or suspected of the commission of an offence punishable with imprisonment which may extend to seven years or more of an offence under Indian Penal Code or abetment of or conspiracy or attempt to commit any such offence is released on bail under sub section (1) the court shall impose the conditions.
- That such person shall attend in accordance with the conditions of the bond executed .
- That such person shall not commit an offence similar to the offence of which he is accused or suspected of the commission of which he is suspected.
- That such person shall not directly or indirectly make any inducement , threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
And may also impose in the interests of Justice , such other conditions as it considers necessary.
- An officer or a court releasing any person on bail shall record in writing his or its reasons or special reasons for so doing.
- Any court which has released a person on bail may if consider it necessary so to do direct that such person be arrested and commit him to custody.
- If in any case tri able by a Magistrate the trial of a person accused of any non bail able 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 directs.
If at any time after the conclusion of the trial of a person accused of a non bail able and before judgement 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 judgement delivered.
Cancellation Of Bail.
Where a person is released on bail his bail may be cancelled in the following cases.
- When during the period of the bail he commits the same offence for which he is being tried or has been convicted.
- When he tampers the investigation such as by forcibly preventing the search of places under his control.
- If he tampers with the evidence such as by intimidating the prosecution witnesses or interfering with the place of occurrence with a view to remove traces or proof of crime.
- If he goes underground or to a foreign country or beyond the control of his sureties.
- If he commits acts of violence in revenge against the police or the prosecution witnesses.
For more info on the subject, please dial 7888-356908.