According
to Section 2(a) of the Code of Criminal Procedure, “Non-Bailable Offence” means
an offence other than bailable offence.
Actually
the Code of Criminal Procedure contemplates two kinds of offences- Bailable and
Non-Bailable Offence.
The
term ‘non-bailable offence does not imply that the accused person cannot be
released on bail under any circumstances. Section 437 of the Code of Criminal procedure gives the Court or a police officer-in-charge of a police station
unfettered discretion to grant bail in case of non-bailable offence, except
where that appear reasonable grounds for believing that the accused person is
guilty of an offence punishable with death or imprisonment for life.
But
a person under the age of sixteen years or any woman or any sick or infirm
person may be released on bail even if the offence be punishable with imprisonment
for life or with death. Where a person charged with a non-bailable offence, but
it appears in the course of the trial that he is not guilty of such offence, he
can be immediately released on bail pending further inquiry.
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Dr.
Deepak Miglani, Email id.:- legalbuddy@gmail.com.
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