Can A Magistrate Grant Bail In Sessions Triable Cases?

Which court can grant bail?

In the case of bailable offences, if the accused produces proper surety, and fulfils other conditions, it is binding upon the Investigating officer to grant bail.

However, in case of a non-bailable offence, the police cannot grant bail; it can only be granted by a Judicial Magistrate/Judge..

Who can give bail in bailable Offence?

In case of bailable offence the police has power to grant bail, but after the challans are filed in court, the accused person has to fill the prescribed bail bond in order to get regular bail from court.

When release on bail is mandatory?

While grant of bail to a person accused of non-bailable offence is discretionary, a person accused of bailable offence at any time while under detention without a warrant at any stage of proceeding has the right to be released on bail in view of Section 436 of the Code.

What happens if you are released on bail?

If police decide to let you go, they can either just release you and tell you when you must attend court or they can release you on “bail”. Bail means being allowed to go free in relation to the offence you are charged with. It is always a requirement of bail that you attend court on your next court date.

When magistrate can release accused on bail in session triable cases?

j] If, in any case triable by a Magistrate, the trial 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 …

Can bail be challenged?

On filing anticipatory bail, the opposing party is notified about the bail application and the opposition can then contest the bail application in court (public prosecutor can also be used to do this). Anticipatory bail is a direction to release a person on bail, issued even before the person is arrested.

Can bail be granted before charge sheet?

Bail must be only on consideration of merits, except default bail which is under Section 167 (2) of the Criminal Procedure Code, 1973 wherein trial Judges grant bail upon failure to file charge-sheet by the police within the statutorily stipulated time period after taking an accused in custody.

Who can grant anticipatory bail?

According to sub-section 1, any person can apply for anticipatory bail if he has a reason to believe that he may be arrested on accusation of having committed non-bailable offence.

Can police officer grant bail?

An officer- in-charge of the police station may grant bail only when there are no reasonable grounds for believing that the accused has committed a non- bailable offence or when the non-bailable offence complained of is not punishable with death or life imprisonment.

How much does an anticipatory bail cost?

Since, consulting a lawyer is a must in order to get an anticipatory bail, thus you must be aware of the amount of money that you need to spend for the same. An anticipatory bail can cost you around Rs. 25,000 to Rs. 30,000, depending on the seriousness of your case and the skills and experience of your lawyer.

Can anticipatory bail be Cancelled?

There is no specific provision that allows a court to cancel the order of anticipatory bail. However, in several cases it has held that when Section 438 permits granting anticipatory bail, it is implicit that the court making such order entitle upon appropriate considerations to cancel or recall the order.

What crimes can you not get bail for?

Severe Crimes If a person has committed a severe crime, such as murder, or is seen as a threat to society, bail will automatically be denied. In many cases the suspect who has committed more serious offenses will have alternative punishments that go beyond a short sentence in jail and is not seen as bailable.

What are the documents required for bail?

Depending upon the Judge/Magistrate, the documents required will be Ration Card, Aadhaar Card, Voter Id or Passport. Some Judges may insist on original RC Book of vehicle or property documents to be shown. Some Judges may insist on Government Workers to stand as surety.

Can magistrates cancel bail?

In a case where bail has been granted by the Sessions Court/High Court, the Magistrate cannot cancel the bail, unless the superior Court had expressly authorised the Magistrate to do so, in terms of the law laid down by the Supreme Court in P.K. Shaji vs.

How many types of bail are there?

nine different formsThere are nine different forms of bail and the law requires that the judge give at least two ways of posting (paying) bail. The most frequently set forms of bail are cash and insurance company bonds.

How do you get bail in a 420 case?

A person charged under section 420 of the Indian Penal Code, 1860 can either apply for a pre-arrest bail i.e. anticipatory bail or post-arrest bail i.e. regular bail. A person can apply for an anticipatory bail under section 438 and a regular bail under section 439 of the Criminal Procedure Code, 1973.

What conditions can be imposed on bail?

Under Section 437(3) the Court has got the discretion to impose certain conditions, on the person accused or suspected of the commission of an offence punishable with imprisonment, such as – (a) that such person shall attend in accordance with the conditions of the bond executed,(b) that such person shall not commit an …

What is interim bail?

If the court rejects the accused’s plea for interim bail or his application for anticipatory bail, the police are free to arrest him without warrant. … Interim bail may be granted when the court is satisfied that the object of the accusation against accused is to injure his reputation and humiliate him.

What is non bailable Offence?

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.

Can I get bail in non bailable Offence?

At the very outset, it is clarified that yes a bail can be granted even in cases of Non-Bailable offences under the Code of Criminal Procedure (CrPC). The difference being that bail is a matter of right if the offence is bailable and is a matter of discretion if the offence is non-bailable.

When you pay bail do you get the money back?

Cash Bail. If you paid cash bail to the court, meaning you paid the full bail amount, you will have that money returned to you after the defendant makes all required court appearances. If the person does not show up in court, that money will be forfeited and you will not see it again.