Thursday, March 22, 2012

Bail can be granted by POLICE

How to get released immediately from police custody?


Bail for Bailable Cases
In warrant cases, find out the directions endorsed in the warrant and execute a bond with sureties
If the offence charges is bailable and the arrest is made without warrant, ask the police officer in
charge of the police station to grant you bail after executing a bond.  The police officer has the discretion to release a person on his executing a bond without sureties.(Sec.71 CrPC)

In the case of bailable offences, granting of bail is a matter of legal right. This means that bail
cannot be refused and shall be granted by a police officer in charge of a police station having the
accused in his custody. The release may be ordered on the accused executing a bond, even without
sureties.


Bail for Non-Bailable Cases
In non-bailable cases, only the Court can order release of the accused person on bail. However, if the
police officer or the Magistrate is of the opinion that there is no sufficient material against the accused and that the complaint needs further investigation he may also release accused on  bail. (Sec.437 (2) Cr.P.C.)

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