436 cr p c

Ladhu Ram Chowdhary (Querist) 27 June 2009 This query is : Resolved
Bail in bailable offence- procedure of -if the accused is prepared to give bail,the police officer or the court is bound to release him on such terms as to bail as may to be reasonable-Right of claiming trial in a bailable offence is an absolute and indefeasible right -Words of sec.436 are imperative and thereis discretion in granting the bail in bailable offence?

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PALNITKAR V.V. (Expert) 27 June 2009
There is no discretion. Bail can not be refused unless the accused has jumped the earlier bail.

PARTHA P BORBORA (Expert) 28 June 2009
it is a mandatory provision that the accusedf must released on bail if the offence is a bailable one. even of the accused not filed a prayer for bail in case of a bailabe offence, the court must release him on bail, with or without conditions.

Kiran Kumar (Expert) 28 June 2009
Bail in bailable offence is granted as a matter of right.

if it is refused then its a violation of fundamental rights....illegal confinement, u can understand Sir.

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