Professional Documents
Culture Documents
THEORY &
PRACTICE
Khawaja Wajihuddin
CONCEPT OF BAIL
TERMINOLOGIES USED
As Of Right
Determination Of Bailable Offences
Authority To Grant Bail
Following authorities may grant
the bail
Court of Law
An officer of the Court
Officer in charge of police station
Bailable Offence
Person Arrested Or Detained Without
Warrant
Appears Or Brought Before Court
5.
kinds
a)Offences not punishable with death, imprisonment for life
or imprisonment for ten years.
b)Offences punishable with death, imprisonment for life or
imprisonment for 10 years
General Rule
As
Exception
CANCELATION OF BAIL
Cancelation Of Bail U/Sec 497(5)
Grounds For Cancellation
1. If the bail granting order is patently illegal, erroneous,
factually incorrect and has resulted in miscarriage of
justice.
2. Some fresh facts or material has been collected by the
police during the investigation which may tend to
establish or point out the guilt of the accused.
3. That the accused misuses his liberty by indulging in
similar criminal activity
4. That he interferes with the course of investigation
5. That he attempts to temper with the prosecution
evidence.
2.
3.
4.
5.
Section 85, 86
Magistrate shall sent him to that
out District Magistrate
Or
If offence is bail able release him
on post arrest transitory bail
Incase Offence was non bail able
then SJ, can grant post arrest
transitory bail.
BAIL BOND
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