Box-12
While considering bail for a non-bailable offence, the Court of Magistrate
shall not:
S.437(i)
Prov.Cr.P.C
1.
Release a person accused of a non-bailable
offence punishable with death or
imprisonment for life or if the accused has
been previously convicted for an offence
punishable with death or imprisonment for 7
years or more, excepting offenders falling in
the following category: (a) person below 16
years of age (b) a woman (c) a sick or infirm
person whose life is endangered due to
sickness or infirmity.
S.437(1)(i)
2.
Grant bail to a person accused of an offence
where there are reasonable grounds for
believing that he/she is guilty of an offence
punishable with death or with imprisonment
for life.
S.437(1)(ii)
3.
Grant bail to any person previously convicted
of an offence punishable with death,
imprisonment for life or imprisonment for 7
years or more, or has been previously
convicted on two or more occasions of a
non-bailable and cognizable offence, is
accused of or suspected of the commission
of any non bailable and cognizable offence,
is arrested and detained without warrant by
an officer in charge of a police station, or is
brought before a Court other than a High
Court or Sessions Court.
S.437
4.
Cancel bail, except under new and
supervening circumstances that may impede
the interests of justice.
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