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Non Bailable Offence

non-bailable-offenceNon Bailable Offence is one, in which granting of bail is discretion of the court.

NON BAILABLE OFFENCE
  1. A non-bailable offence is one in which the grant of Bail is not a matter of right. Here the Accused will have to apply to the court, and it will be the discretion of the court to grant Bail or not.
  2. Again, the court may require the accused to execute a “Bail-Bond with some stringent conditions.
  3. The court may generally refuse the Bail, if:
    1. “Bail Bond” has not been duly executed , or
    2. if the offence committed is one, which imposes punishment of death or Life imprisonment, such as “Murder ” or “Rape” or
    3. The accused has attempted to abscond, and his credentials are doubtful.
  4. The application for bail shall be filed before the Magistrate, who is conducting the trial.

The application after being filed is usually listed on the next day. On such day, the application will be heard, and the police shall also present the accused in court. The magistrate may pass such orders, as he thinks fit.

  1. If the bail is granted, the accused will have to execute a “Bail Bond”.
  2. On execution of bail-bond the accused is out of prison only on such terms and conditions, as contained in the “Bail-Bond”.
  3. The amount of every bond, i.e. the security shall be reasonable, and no excessive ( sec 440)
  4. If, at any point of time, the terms and conditions of bail are not fulfilled, the “Bond” shall be forfeited.
  5. The application for Bail shall be made in the form, prescribed and the designation of judge / Magistrate, should be clearly mentioned.
  6. The application shall also contain an undertaking, that the accused, shall fulfill all the conditions as contained in the Bail- Bond.

 Also read: Bailable Offence

 

WHEN BAIL MAY BE REVOKED OR BAIL BOND BE FORFEITED
Following are the instances, when a bail may be revoked, or Bail Bond is forfeited:
  1. Where, the accused fails to fulfill or commits, breach of any terms and conditions of the bond.
  2. Where the accused, fails to furnish the required number of sureties or fails to deposit the security amount
  3. Where, the sureties accepted at the time of bail, or turn out afterwards to be insufficient, fraud or has been accepted under mistake.
  4. Where any of he sureties to the bail bond, applies to the magistrate for his own discharge
  5. Where one of the original surety dies or becomes insolvent, and if accused fails to bring another surety.

In all these cases, the magistrate or court has power to remand the accused to prison, until fresh bond and fresh terms are executed.

APPEAL FROM FORFEITURE OF BOND
  1. Where, a bond has been forfeited, or bail has been cancelled, an appeal can be made against such an order.
  2. Where an order has been made by a magistrate an appeal shall lie to a sessions judge or
  3. Where an order has been made by a court of sessions then appeal shall lie to the same court, where ordinarily appeal would lie against sessions judge.
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