When a person can be bailed in non bailable offence?

Asked by: Dr. Kay McLaughlin PhD  |  Last update: July 3, 2022
Score: 4.5/5 (36 votes)

Though it is settled position of law that grant of Bail in Non-Bailable offences is the discretion of a court and that the court dealing with grant of bail is to only satisfy if there is a prima facie case against the accused.

What happens in non-bailable Offence?

In the case of a non-bailable offence the police cannot release anyone on bail and so the arrested person has to make an application for bail before a magistrate or court.

Which sections are non-bailable?

The following are some examples from Non-bailable Offences under the Indian Penal Code.
  • Murder (S.302) IPC.
  • Dowry Death (S.304-B) IPC.
  • Attempt to murder (S.307) IPC.
  • Voluntary causing grievous hurt. ( S.326) IPC.
  • Kidnapping (S. 363) IPC.
  • Rape (S. 376) etc.

When can a non bailable warrant be issued?

17-18, paras 53-55) 53. Non-bailable warrant should be issued to bring a person to court when summons or bailable warrants would be unlikely to have the desired result. This could be when: It is reasonable to believe that the person will not voluntarily appear in court; or.

Is Section 420 a bailable offence?

Punishment for committing the offence of cheating is provided under the purview of this section. This section makes a person criminally liable for imprisonment for a term which may extend to 7 years and also liable to fine. The offence committed under section 420 is a Cognizable as well as a Non-bailable offence.

what is process to get Bail I Bail in non bailable offence I conditions of bail in non bailable case

45 related questions found

Can bail be granted in non bailable warrant?

Accused Can Be Granted Bail After Issuance Of Non-Bailable Warrant If His Absence During Summons Was Not Willful: Andhra Pradesh High Court. The Andhra Pradesh High Court recently granted bail to an accused on whom the non-bailable warrant was issued due to his absence during issue of summons.

What happens after non bailable warrant?

Non- Bailable warrant is nothing but the warrant of arrest and a person can be sent jail after the issuance of such warrant. Issuance of such warrant is much required when the order of conviction is passed and the accused is not in custody. Balance between Personal liberty and the interest of the State.

Can a non bailable warrant be Cancelled?

Immediately file an application for cancellation of Non Bailable warrant before the magistrate Court who issued the NBW against your father, as the offence is bailable, the court will cancel the same and grant him bail. Anticipatory bail can not be filed in bailable offences. 2.

What is difference between bailable and non-bailable warrant?

Difference between Bailable and Non-Bailable Offences

Bailable offence means an offence which is shown as bailable in the First Schedule or which is made bailable by any other Law for the time being in force. Non-Bailable Offence means any other offence. Bailable offences are regarded as less grave and less serious.

Who can cancel warrant?

70 of Cr. P.C., every warrant of arrest issued by the court under code of Criminal Procedure shall be signed by the Presiding Officer of such court and shall bear seal of the court and every such warrant shall remain in force until it is cancelled by the court which issued or until it is executed.

Can a warrant be issued against witness?

If such witness fails to appear, without any justifiable reasons, even after receiving summons, or otherwise if the court feels that the witness is not likely to appear (as he has absconded) and is thus not likely to obey the summons, it may issue a warrant.

Which court can grant anticipatory bail?

According to Section 438 of CrPC, a person having committed an offence anticipates his arrest wherein he can approach the High Court or the Sessions Court for anticipatory bail. It is at the discretion of the Court whether to grant bail or reject the same.

How do you cancel a non bailable warrant in a Cheque bounce case?

you need to file an application for cancellation of NBW before the same court, when the Court orders for cancellation of earlier NBW it will issue an order and receipt (receipt of payment of fine if the court has ordered against cancellation of NBW).

Can warrant be issued in civil case?

Normally, a warrant cannot be issued against the defendant; A defendant may or may not appear in obedience to the summons issued in a civil suit but the court has no power generally to compel his appearance; It is for the defendant to protect his interest in a civil case.

Can I get bail in cheque bounce case?

Bail in cheque bounce is a matter of right of the accused as it's a bailable offence. So you have to give an bail application through your advocate and have to give security as per the orders of the judicial magistrate.

Can I go to jail for cheque bounce?

According to Section 138 of the Act, the dishonour of cheque is a criminal offence and is punishable by imprisonment up to two years or with monetary penalty or with both. If payee decides to proceed legally, then the drawer should be given a chance of repaying the cheque amount immediately.

What is the time limit for cheque bounce case?

As per Negotiable Instruments Act, legal notice must be sent within 30 days from the date of cheque bounce. Thereafter within 15+30=45 days from the date of sending the legal notice, case must be filed.

How long is anticipatory bail valid?

At the first stage, you will get an interim protection order which is valid till the final disposal of the anticipatory application. At the second stage, immediately after the Court receives CD from the police, you will get the bail order whose validity will be till the end of the GR case.

Is Fir necessary for anticipatory bail?

ACT: Bail-Anticipatory Bail-Section 438 of the Code of Criminal Procedure Code, 1973 (Act 2 of 1974), Scope of- Judicial balancing of personal liberty and the investigational powers of the Police, explained.

How many days it will take to get anticipatory bail?

Sir, It may takes minimum 5 to 10 days. After filing Petition for anticipatory bail, the Police has to submit C.D report, thereafter the Public Prosecutor has to file Statement of Objections. After filing of objections, the advocates will be argued on the Petition. This is the procedure.

Can summons be Cancelled?

Yes, the summons can be cancelled or quashed as appropriately required by law dependent on the facts of settlement and the terms and conditions determined therein between the parties. The legal procedure has to be followed for the same.

What is bailable warrant?

Bailable warrants means if you appear before the court on the mentioned date, the court will recall his order and cancel the warrants and will not take you in custody .

What is non bailable warrant 138 NI Act?

Wherever it is necessary to ensure / compel the appearance of the accused in a cheque bounce case under Section 138 of the Negotiable Instruments Act, 1881, the Magistrate has the power under law to issue a non-bailable warrant.

What is bailable witness warrant?

January 11, 2019. The very phrase indicated that it is a bailable warrant and the same should be executed on the witness and the witness should offer bail and if the witness refuses to offer bail, he should be arrested and produced before the Court.

Can NBW be issued against witness?

NBW is issued against a Witness only after several notices are sent to such Witness and if such notices for appearance in the Court are repeatedly ignored post which a BW is issued and when the Witness still does not heed to such BW, only then an NBW is issued.