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Bail in case of non-bailable offense


There are some conditions put under section 437 of the Cr.P.C. wherein you can ask for bail even if you committed non-bailable offense. In non-bailable cases, bail is not the right but the discretion of the judge if regards the case as fit for the grant of bail, it regards imposition of certain conditions as necessary in the circumstances. Section S. 437 (3) elaborates the conditions set by the law to get bail in non-bailable offenses.
The sub-section says that when a person accused or suspected of the commission of an offense punishable with imprisonment which may extend to seven years or more or of an offense under Chapter VI, Chapter XVI or Chapter XVII of the Indian Penal Code (45 of 1860) or abatement of, or conspiracy or attempt to commit, any such offense, is released on bail under sub-section (1). However, for that the Court has power to impose any condition which it considers necessary.
Some conditions that the court may place while granting bail are as follows:
  • 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.