BAILABLE OFFENCE AND NON-BAILABLE OFFENCE A bailable offence is one, in which, bail is a matter of right, and non bailable offence is one, in which granting of bail is discretion of the court. BAILABLE OFFENCE 1.In case of bailable offence, the grant of bail is a mater of right. It may be either given by a police officer who is having the custody of Accused or by the court. 2.The accused may be released on bail, on executing a bond, know as bail bond, with or without furnishing sureties. 3.The bail Bond may contain certain terms and conditions, such as: i.The accused will not leave the territorial jurisdiction of the state without permission of court or police officer. ii.The Accused shall give his presence before police officer every time, he is required to do so. iii.The Accused will not tamper with any evidence whatsoever, considered by police in the investigation. 4.The court is empowered to refuse bail to an accused person even if the offence is bailable, where the person granted bail fails to comply with the conditions of the bail bond. EXAMPLES OF BAILABLE OFFENCE Although even in case of bailable offence, the bail may be refused, if credit of the accused is doubtful. However following are some offences which are classified as Bailable offence by the code itself: 1.Being a member of an unlawful Assembly 2.Rioting, armed with deadly weapon 3.Public servant disobeying a direction of the law with intent to cause injury to any person. 4.Wearing Garb or carrying token used by public servant with fraudulent intents. 5.Bribery in relation to elections. 6.False statement in connection with elections. 7.Refusing oath when duly required to take oath by a public servant. 8.Obstructing public Servant in discharge of his public functions. 9.Giving or fabricating false evidence in a judicial proceeding. 10.Selling any food or drink as food and drink, knowing the same to be noxious. 11.Causing a disturbance to an assembly engaged in religious worship. NON BAILABLE OFFENCE 1.A non-bailable offence is one in which the grant of Bail is not a matter of right. Here the Accused will have to apply to the court, and it will be the discretion of the court to grant Bail or not. 2.Again, the court may require the accused to execute a Bail-Bond with some stringent conditions. 3.The court may generally refuse the Bail, if: i.Bail Bond has not been duly executed , or ii.if the offence committed is one, which imposes punishment of death or Life imprisonment, such as Murder or Rape or iii.The accused has attempted to abscond, and his credentials are doubtful. 4.The application for bail shall be filed before the Magistrate, who is conducting the trial. The application after being filed is usually listed on the next day. On such day, the application will be heard, and the police shall also present the accused in court. The magistrate may pass such orders, as he thinks fit. 5.If the bail is granted, the accused will have to execute a Bail Bond. 6.On execution of bail-bond the accused is out of prison only on such terms and conditions, as contained in the Bail-Bond. 7.The amount of every bond, i.e. the security shall be reasonable, and no excessive ( sec 440) 8.If, at any point of time, the terms and conditions of bail are not fulfilled, the Bond shall be forfeited. 9.The application for Bail shall be made in the form, prescribed and the designation of judge / Magistrate, should be clearly mentioned. 10.The application shall also contain an undertaking, that the accused, shall fulfill all the conditions as contained in the Bail- Bond. PROCEDURE ONCE BAIL IS GRANTED 1.When the bail has been granted the accused shall, execute a Bail-Bond, and furnish sureties, and security for amount as required. 2.When the bond has been duly executed, the accused shall be released, and if he is in prison, then an order of Release shall be issued to the officer in charge. 3.If the accused is charged for two separate offences, then, he shall have to execute and satisfy Bail Bond for both of them. WHEN BAIL MAY BE REVOKED OR BAIL BOND BE FORFEITED Following are the instances, when a bail may be revoked, or Bail Bond is forfeited: 1.Where, the accused fails to fulfill or commits, breach of any terms and conditions of the bond. 2.Where the accused, fails to furnish the required number of sureties or fails to deposit the security amount 3.Where, the sureties accepted at the time of bail, or turn out afterwards to be insufficient, fraud or has been accepted under mistake. 4.Where any of he sureties to the bail bond, applies to the magistrate for his own discharge 5.Where one of the original surety dies or becomes insolvent, and if accused fails to bring another surety. In all these cases, the magistrate or court has power to remand the accused to prison, until fresh bond and fresh terms are executed. APPEAL FROM FORFEITURE OF BOND 1.Where, a bond has been forfeited, or bail has been cancelled, an appeal can be made against such an order. 2.Where an order has been made by a magistrate an appeal shall lie to a sessions judge or 3.Where an order has been made by a court of sessions then appeal shall lie to the same court, where ordinarily-- appeal would lie against sessions judge.
Posted on: Wed, 12 Mar 2014 13:49:08 +0000
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