S.H.O. IS BOUND TO TAKE BAIL
neeraj
(Querist) 22 May 2008
This query is : Resolved
DEAR SIR,
IN BAILABLE OFFENCES IS THE STATION HOUSE OFFICER OF THE POLICE DEPARTMENT IS BOUND TO TAKE BAIL OR NOT?
IF BOUND AND NOT GRANT BAIL IS THAT AMOUNT TO ILLEGAL DETENTION? AND WHAT LAWFUL PROCEEDINGS CAN WE MAKE AGAINST SUCH OFFICER?
THANKS,
NEERAJ CHAWLA
CONTACT # 94171 94171
amit gupta_lawyer
(Expert) 22 May 2008
well in all the bailable offences sho is bound to take the temprarory bail and regular bail has to be granted by the court only. however the sho has to produce the person detained with in 24 hours before the magistrate and the sho can always state the valid reasons of not granting the bail and u can always complaint about this to the higher authorities and can even file writ against the sho for non performing his duty in proper manner.
Srinivas.B.S.S.T
(Expert) 23 June 2008
as my friend Amit said SHO in general will not give bail even in bailable cases. A formal memo will be filed in the court stating that though the Accused given a chance to produce surities failed to do so and he is produced before the magistrate. its the law our elders written we can only bang our heads on the procedure walls but nothing will happen.
