How can I get bail in a non bailable offence?
I have been framed in a case by some people and the Police is saying that the charges against me are non bailable in nature. How can I get bail in a non bailable offence?
Answer
You have to apply to the Magistrate court for regular bail, and it will be the discretion of the court to grant Bail or not.
Section 437 of CrPC lays down provision, wherein, regular bail may be applied by the accused.
When any person is arrested in relation to an offence which is non-bailable has to apply for bail under section 437 Cr. P.C. before a Magistrate.
The bail is usually denied under following circumstances as reproduced hereunder:
(i) That the accused involved in an offence which is punishable with death or imprisonment for life;
(ii) The person who has been previously convicted for an offence punishable with death, imprisonment for life or Imprisonment for seven years or more, or he had been previously convicted.
(iii) Possibility of interference with justice by influencing witnesses.
If charge-sheet is not filed within 60 days from the date of arrest then accused is entitled to statutory bail is under section 167 Cr. P.C.
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