Bail

MUKUL SHARMA (Querist) 22 December 2011 This query is : Resolved
In which provision of Cr.P.C.,a police officer can release an accused on bail in non bailable and non cognizable offence.

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Devajyoti Barman (Expert) 23 December 2011
In no circumstances police could do so.

Shonee Kapoor (Expert) 23 December 2011
Under No Provision.

However Police Officer, should not arrest unless required even in the case of Non-Bailable Offence as stated by Jitender Singh Vs State of UP case.

The power to arrest is one thing, the use of it is a different matter.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Raj Kumar Makkad (Expert) 23 December 2011
Once an accused person has been arrested by police though the case is of bailable and non-cognizable nature, the duty of police starts to bring the accused before concerned court and next action of granting bail etc. is to be initiated by court and not by police.