Bail matters / Criminal Cases / Best Lawyers in Delhi NCR for Bailable & Non-bailable matters:
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Right to liberty is one of the fundamental right guaranteed under the Constitution of India to every citizen of India. Bail matters are very serious matters which that has to be handled with caution and efficiency. The Code of Criminal Procedure, 1973 speaks for the grant of bail because BAIL and not JAIL is what the aim of the Law is.
Section 437 of the Code of Criminal Procedure, 1973 provides that that –
When bail may be taken in case of non- bailable offence.
- When any person accused / suspected of the commission of any non- bailable offence is arrested or detained without warrant by an officer in charge of a police station or is brought before a Court other than the High Court or Court of Session, he may be released on bail, but –
- such person shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life;
- such person shall not be so released if such offence is a cognizable offence and he had been previously convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more, or he had been previously convicted on two or more occasions of a non- bailable and cognizable offence:
Provided that the Court may direct to release on bail if such person is under the age of sixteen years or is a woman or is sick or infirm or if it is just and proper so to do for any other special reason:
- If it appears to such officer or Court at any stage of the investigation, inquiry or trial that there are not reasonable grounds for believing that the accused has committed a non- bailable offence, be released on bail or at the discretion of such officer or Court, on the execution by him of a bond without sureties for his appearance.
- When a person accused or suspected of the commission of an offence punishable with imprisonment which may extend to seven years or more under IPC is released on bail the Court may impose any condition which the Court considers necessary-
- in order to ensure that such person shall attend in accordance with the conditions of the bond executed under this Chapter, or
- in order to ensure that such person shall not commit an offence similar to the offence of which he is accused or of the commission of which he is suspected, or
- otherwise in the interests of justice.