cpc

station bail for 498a


what is station bail? Is it possible to get station bail for 498A? Please let me know more details about this?

 
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if you mean bail at police station in 498A offence there is no such concept the police cant grant bail in such offences.

 
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Advocate

its an non bailable offence. only court is competent to grant bail.

 
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Learned experts , i would like to draw ur attention on section 436 and 437 of crpc which does not discriminate in police granting bail and court granting bail even police can grant bail in non bailable case as per section 437 crps except some conditions provided there in . All the experts of lawersclubindia are requested to through light in this matter.Thanks.

 
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LAWYER IN JAIPUR

 

Chapter XXXIII consists of Sections 436 to 450. Sections 436 and 437 provide for the granting of bail to accused persons before trial and conviction. For the purposes of bail, offences are classified into two categories, that is, (i) bailable, (ii) non-bailable. Section 436 provides for granting bail in bailable cases and Section 437 in non bailable cases. A person accused of a bailable offence is entitled to be released on bail pending his trial. In case of such offences, a police officer has no discretion to refuse bail if the accused is prepared to furnish surety. The Magistrate gets jurisdiction to grant bail during the course of investigation when the accused is produced before him. In bailableoffence there is no question of discretion for granting bail. The only choice for the Court is as between taking a simple recognizance of the principal offender or demanding security with surety. Persons contemplated by this Section cannot be taken in custody unless they are unable or unwilling to offer bail or to execute personal bonds. The Court has no discretion, when granting bail under this section, even to impose any condition except the demanding of security with sureties.

Now after new amandment another catagory had defined in CrPC as in section 41 the matters punishable upto inprisonment of 7 years. Police has limited power arrest accused person.

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UNEMPLOYED

BUT WHAT IS STATION BAIL?

 

I HARD THIS FIRST TIME.

 

IS IT UNDER SEC 41?

 
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I am still not clear. Afetr the investigation, if there is an arrest warrent issued against teh accused. Can the station house officer issue a station bail in case of 498A? or, does the accused need to approach teh court for bail?

 
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@Bobby

I also here for the first time a word station bail ,i think its a railway station bail.haaa!

I think the proper word should be police station bail pertaining to section 498A.But 498A non bailable.Only a Magistrate can grant him bail on application, using his discretion. Offences under this Act are also non-compundable.The complainant cannot withdraw the case on compromise with the opposite party.

If you want to know about all 498A than go to www.498a.org/


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UNEMPLOYED

I think the proper word should be police station bail pertaining to section 498A

 

---   perhaps you are correct.

 
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Senior Partner

Take:

1. Why you are surprised to hear this for the first time!
2. Are you practicing Criminal matters especially BAIL matters?
3. This is the most common things practicing criminal law lawyers do regularly [offcourse if we have good report with PS :-) ]  

Above take(s) being besides the point;


@ Author

1.1 If you are writing this post from AP, Delhi, Haryana, MP, WB and Maharashtra States then it is possible to get station bail.
1.2. Station bail is a process where bail amount is paid to PS instead of lower court to get bail.
1.3 In 498a IPC accused person(s) need to apply for Bail in concerned and or superior Court as it is still non – bailable offence.  
1.4 Except AP no other State HC’s has issued Circular to the best of my knowledge and it is only the State PHQ which has issued such Circulars and one may refer to my older post to see the copy of such Circulars obtained under RTI which some of you thanked – for what is my question today !
Reasoning:
Only in AP State High Court Circular (see my older post where I pasted the Circular which I got from RTI) sent by the Judicial division of MHA. The police distributed the same circular to all P.S. in AP. It is other matter that I have Appealed against this  gross malpractice.
The recent Amendment U/s 41 A CrPC only gives time to the accused from being arrested by the police arbitrarily, that too for 4 days. In these 4 days the accused moves sessions or HC for AB. The police and APP may still object the bail at that stage. Once a court grants bail - such bail bond can be paid at the PS or at the lower court.


The grant of bail is at the discretion of the court. Refer to one of my longest post on Bail precedent straight from SC in one of my older post here which some of you commented on my long writings here – now I have the last laugh since you did not read instead commented on my long posting and or on my English so it deserves well on your knowledge.


There is no confusion here. Most people prefer to pay at the lower court - to avoid going to PS. And if you pay at the STATION bail amount then it is called Station Bail.

 

 
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