[BAIL] Questions & Answers By Justice V. Ramkumar-Regular Bail-PART-VII

Ans. Yes. Except in the cases covered by Clauses (i) and (ii) of Section 437 (1) Cr.P.C. the SHO also can grant bail in a non-bailable offence. (Vide Section 437(1), (2) and (4).

Q.32 Is not an officer-in-charge of a Police station also empowered to grant bail under Section 437 Cr.P.C to a sick and infirm woman against whom there are reasonable grounds for believing that she has been guilty of the offence of murder ?

Ans. No. The exemption from the prohibition under Clauses (i) and (ii) of Section 437 (1) Cr.P.C. enabling release of such a person on bail, is applicable only to the “Court” and not to the SHO in view of the first and second proviso to Section 437(1) Cr.P.C.

Q.33 Can factors like “gravity and seriousness” of the alleged offence by themselves constitute the basis for refusing regular bail ?

Ans. No. Those factors by themselves cannot be the basis for refusing bail. (Vide para 7 of Prabhakar Tewari v. State of U.P. (Criminal Appeal No: 152/ 2020 (SC) - Aniruddha Bose – J).

Q.34 Is the Public Prosecutor entitled to an opportunity of being heard, as of right, before a Magistrate in all non-bailable offences?

Ans. No. Only in those cases where the offence is punishable with death, imprisonment for life or imprisonment for 7 years or more, is the Public Prosecutor entitled to be heard by virtue of the 4^th proviso to Section 437(1) Cr.P.C.

Q.35 Is there any category of cases in which mandatory bail conditions are to be imposed and, if so, which are they ?

Ans. Mandatory bail conditions enumerated under Section 437(3) Cr.P.C. are to imposed in the following category of cases:-

a) If the offence is punishable with imprisonment for 7 years or more.

b) If the offence falls under Chapter – VI (offences against the State – Sections 121 to 130) or Chapter – XVI (offences affecting the human body – Sections 299 to 377) or Chapter – XVII (offences against property – Sections 378 to 462) of the Indian Penal Code or

c) Abetment of or conspiracy or attempt to commit any of the above offences.

NOTE BY VRK:- Strangely enough, these conditions need not be imposed if it is the officer-in-charge of the Police Station who grants bail or if bail is granted by the Court of Session or the High Court under Section 439 (1) (a) Cr.P.C.

The framers of the Code could have said that in cases involving the aforesaid offences, the conditions stipulated in Section 437 (3) Cr.P.C shall be deemed to have been imposed.

Part 4: [BAIL] Questions & Answers By Justice V. Ramkumar-Regular Bail-PART-IV