Bail in police station
Subhash Chandra Sharma
(Querist) 26 October 2013
This query is : Resolved
Sir I want to know sort of crimes or offences for which we can ask or request a bail in police station.
Thanks in the meantime.
Yours Subhash chandra sharma
venkatesh Rao
(Expert) 26 October 2013
for Most of the bailabale offnce.
Advocate M.Bhadra
(Expert) 26 October 2013
A Police Officer under the Criminal Procedure Code and
therefore, an arrest made by him in any State in India is not warranted by law.
Powers Police officer to accept bail is regulated by the provisions of Code of
Criminal Procedure.
prabhakar singh
(Expert) 27 October 2013
You need to look into Cr.P.C. itself we do not reply academic queries.
Subhash Chandra Sharma
(Querist) 27 October 2013
Resp. Learned Experts,
in reply to my querry " Bail in Police Station " you are kind enough to call it Academic Querry - that may be , even then is there any harm if one is benifitted with your experience and knowledge ? If yes, I am sorry and in future I will take care.
Advocate M.Bhadra
(Expert) 27 October 2013
Section 436 in The Code Of Criminal Procedure, 1973
In what cases bail to be taken.
(1) When any person other than a person accused of a non- bailable offence is arrested or detained without warrant by an officer in charge of a police station, or appears or is brought before a Court, and is prepared at any time while in the custody of such officer or at any stage of the proceeding before such Court to give bail, such person shall be released on bail: Provided that such officer or Court, if he or it thinks fit, may, instead of taking bail from such person, discharge him on his executing a bond without sureties for his appearance as hereinafter provided: Provided further that nothing in this section shall be deemed to affect the provisions of sub- section (3) of section 116 or section 446A 1[ .
(2) Notwithstanding anything contained in sub- section (1), where a person has failed to comply with the conditions of the bail- bond as regards the time and place of attendance, the Court may refuse to release him on bail, when on a subsequent occasion in the same case he appears before the Court or is brought in custody and any such refusal shall be without prejudice to the powers of the Court to call upon any person bound by such bond to pay the penalty thereof under section 446.
