Non bailable offences | Law

Concept of non bailable offences

Bail is to release a person from the custody of police and delivery into the hands of the sureties, who under take to produce him in court whenever required to do so. Bail is to procure release of one, charged with an offence by ensuring his further attendance in court and compelling him to remain within jurisdiction of the court. Bail is discretionary relief by court inform of release of accused till the conviction or acquittal.

non bailable offences

Cases for grant of bail

 Bail can be granted in

a- Bailable offences

b- Non - bailable offences

Non-bailable offence is an offence which is shown as non- bailable in the column v second schedule , As a general rule bail is not granted in non bailable offences. There are two kinds of non-bailable offences

a- Non- bailable falling in prohibitory clause

b- Non- bailable offences not falling in prohibitory clause Where offence is punishable with death, imprisonment for life or imprisonment for ten years

It is called prohibitory clause.

bail

Bail for offences falling for Prohibtory clauses

The grant of bail is a rule and refusal is an exception to the general rule

But it cannot be claimed as matter of right. As a general rule bail shall not be granted. In following cases bail shall be granted as exception

a- Any woman

b- Any sick person

c- Any infirm person

In following two cases bail shall be granted as a matter of right. Where there is no reasonable ground that accused has committed a non-bailable offence. Where there is reasonable doubt that accused is not guilty of a non-bailable offence.

Bonds shall be executed upon accused that he shall appear in court for hearing the judgment. As it is discretion of the court to grant bail, but following matters must be considered for granting bail. The court has decided the latest cases. Supreme court has published the monthly law decisions. Now modern time latest case laws are available in the information technology.

PLD 1995 SC 34

a- Where likely hood of abscondence of accused

b- Where apprehension that accused will temper the evidence

c- Where accused is a previous convict

In following cases bail shall be declined. The court granting bail shall record its reasons for doing so. The court granting bail, the high court and the court of sessions have powers to cancel the bail.