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M.Sheik Mohammed Ali (advocate)     20 July 2020

what is the offence ?

 what are the sections implicated against her ?

 

Meghna Mishra   20 July 2020

Hello Sir !

By analysing your query, I would like you to know that there are two types of offences under the Code of Criminal Procedure – bailable offences and non-bailable offences

If the offence is a bailable offence, then demanding a bail is a legal right. This indicates that in this case, bail cannot be refused by anyone. The bail has to be granted by a police officer in charge of a police station. When the bond is executed by the accused, the release may be ordered

In a non-bailable case, usually courts decide whether bail is to be granted or not. However, under Sec.437 (2) Cr.P.C., 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, (s)he may also release the accused on bail.

Normally bail is not granted when the accused person appears, on reasonable grounds, to be guilty of an offence punishable with death or imprisonment for lie. But women, children under 16, and sick people can be released on bail by a Magistrate even if charged with offences punishable with death or life imprisonment.

Thus, you can demand bail in exchange for a bond in the case of a bailable offence and can appear before a magistrate for bail in the case of a non-bailable offence for a senior citizen woman

You can get more information on bail by reading these articles

https://www.lawyersclubindia.com/articles/how-when-where-to-apply-for-bail-in-india--9338.asp

https://www.lawyersclubindia.com/articles/relevant-considerations-for-granting-bail-8151.asp

Regards

Meghna Mishra

1 Like

Mp Krishnaiah   21 July 2020

bail is a rule but jail is an exception

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