Karishma Sahu 28 April 2021

Bail or not ?

An accused is arrested in a bailable offence and he is released on bail during trial he absconds and non bailable warrant are issued against him the police arrest him and produce him before the court the defence council pleads for his released on bail under section 436(1) CrPC which provides that a person accused of a bailable offence shall be released on bail can the court in such circumstances refuse to release him on a brief reasons.

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Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 28 April 2021

436. 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 446A¹ .