Can bail be refused in bailable Offences?

Can bail be refused in bailable Offences?

In bailable offences bail is a right and not a favour. In such offences there is no question of any discretion in granting bail. Bail can be claimed as of right and there is a statutory duty imposed upon the Police Officer as well as the Court to release a person on bail if he is prepared to give bail.

Under what circumstances can bail be denied?

Bail can be refused if the court is satisfied that an accused may be likely to commit the crime they are charged with and might continue to perpetrate such crimes if released on bail.

Can magistrates grant bail?

Section 437 of the CrPC empowers the Magistrate to release on bail a person accused of a non-bailable offence unless there are reasonable grounds for believing that such person is guilty of an offence punishable with death or imprisonment for life; and/or if such person had been previously convicted of an offence …

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What are the conditions of bail?


  • If before conviction, that the defendant shall answer the complaint or information in the court in which it is filed or to which it may be transferred for trial.
  • After conviction, that he will surrender himself in execution of the judgment that the appellate court may render.

What bail conditions can be imposed?

Bail conditions can include any of the following:

  • Residence (living at a certain address.
  • Doorstep condition.
  • Curfew (having to be at the place they are living between certain times)
  • Electronic monitoring (having to wear a tag – can only be imposed on those 12 or over for an imprisonable offence)

What remedy is available to the accused if the Court refused to grant bail?

Grant or refusal of bail There is no specific provision for appeal against the order refusing to grant bail under Section 436 (1) CrPC. But the accused person can move the High Court or the Court of Sessions under 439 CrPC.

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Can bail be rejected after chargesheet?

The Supreme Court Thursday issued guidelines for granting bail after the filing of charge sheet and said trial courts are not precluded from granting interim relief considering the accused’s conduct during the probe.

What are normal bail conditions?

The standard conditions of any Bail Order state that an accused person must: Turn up at court on each date the case is assigned to call. Not interfere with any witness or obstruct proper conduct of the case. Not commit any further offence while subject to the bail order.