Bail Petition

Any person arrested by police in connection with a bailable offence is entitled to bail as a matter of right (s. 436, Cr PC). The Officer-in-Charge of police station on arresting an accused on bailable offence shall offer him bail. If he can furnish bail the officer shall release him on bail on condition of his appearing before the Magistrate concerned on a date fixed. If the person is unable to furnish bail he shall be produced before the Magistrate within twenty-four hours of his arrest. The Magistrate has to release him on bail with or without surety or on personal bond.1 In case of non-bailable offence the bail is granted at the discretion of the Magistrate. Under the conditions mentioned in s. 437, Cr PC the person may be released on bail. Magistrate may impose appropriate conditions. If, however, the investigation is not completed within (a) ninety days of the first order of detention and the offence is punishable with death, imprisonment for life or imprisonment for a term of not less than seven years or (b) within sixty days when investigation relates to any other offence, the Magistrate will release him on bail on his furnishing a bail bond. The Magistrate cannot postpone his release to enable the police to submit charge sheet.2 It is not defeated by lapse of time or subsequent filing of charge sheet.3 An affidavit may be filed in support of the petition for bail or the petition may be sworn. When the bail is refused by the Magistrate under s. 437, Cr PC the petitioner may approach the Sessions Judge first and also the High Court for bail. Normally the petitioner approaches the Sessions Judge first for bail under s. 439, Cr PC and then the High Court. When the power of the sessions judge and of High Court under s. 439, Cr PC is concurrent ) the petitioner first moving High Court. But some High the view that when concurrent power is there in two forums should be approached first unless the applicant can assign y he was approaching the higher forum. There is however the High Court entertaining the bail petition even if the It approach Sessions Judge first.4 The Appellate Court, including High Court as Appellate Court, may order :used on bail pending hearing of an appeal. When the hearing likely to be delayed bail should be granted by the Appellate le accused is likely to serve out the full or substantial part of pending hearing of the appeal bail should be granted.6 ************* 1 Dharma v Rabindra Nath 1978 Cr LJ 864. 2 Umashankar v State 1982 Cr LJ 1186 (MP). 3 Raghubir Singh v State AIR 1987 SC 149; 1987 Cr LJ 157 4. abdulKasim v State AIR 1960 MP 54; Daini alias Raju v State 1989 Cr lJ (NOC) viP); Thakur Prasad v State 1977 Cr lJ 471; Chajjuram v State 1977 Punj 9. 5. Anurag v State AIR 1987 Pat 274 (FB) 6. Harbhajan v State 1977 Cr lJ 1424 (P&H).