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Bailout In Non-Bailable Fence

Bailout In Non-Bailable Fence

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BAIL IN NON-BAILABLE OFFENCES
The police officer has no discretion regarding grant or refusal of bail in case of a non-bailable offence whereas the Magistrate has such discretion under Section 437 of the Code. This power must be exercised judiciously. The Magistrate must be satisfied that the release of accused would not be prejudicial to the prosecution in bringing home the guilt of the accused. However, if there appear to be reasonable grounds for believing that the person arrested has been guilty of a non-bailable offence or of an offence which is punishable with death or imprisonment for life, he cannot be released on bail by the police officer.

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