Under what circumstances a person can claim bail in a non-bailable offence?

Under what circumstances a person can claim bail in a non-bailable offence?

Though it is settled position of law that grant of Bail in Non-Bailable offences is the discretion of a court and that the court dealing with grant of bail is to only satisfy if there is a prima facie case against the accused.

Under what circumstances a person can be released on bail in a non-bailable case and on what conditions can a police officer release a person on bail in a non-bailable case?

It states that, if any person is detained for the commission of a non-bailable offense, without a warrant by a police officer, or when there are reasons to believe that there are not sufficient grounds to prove that the person has committed any non-bailable offense, then he can be released.

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Can anticipatory bail be granted in non-bailable offence?

Anticipatory bail- Anticipatory bail is granted under section 438 of CrPC either by session court or High Court. An application for the grant of anticipatory bail can be filed by the person who discerns that he may be arrested by the police for a non- bailable offence.

Does Account block under 138 NI Act?

Further the ‘account blocked’ reason does not fall under the ambit of Section 138. Offence under section 138 N.I. Act is complete only when the accused is unable to make payment before the expiry of 15 days’ notice period.

What is the punishment under section 138?

Section 138 provides that when the cheque is dishonored for insufficiency of funds or for any of the prescribed reasons, the one who is at defaulter can be punished with imprisonment for a term which may extend to two years, or with fine which may extend to twice the amount of the cheque, or both.

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When can bail not be granted?

That the accused person is a woman would not entitle her for bail outright, if the offence is a grave or heinous one. Similarly, if the accused person had been previously convicted for an offence punishable with death, imprisonment for life, or imprisonment for seven years, or more, he should not be released on bail.