Police Bail Case Study

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Power of police to grant bail in case of bailable offence:
Any person arrested by police without any order from the Magistrate and without a warrant under the circumstances mentioned in section 41 has to release him on bail if the offence with which he is concerned is a bailable offence.
In respect of the offences which are bailable under Schedule I of the Code of Criminal Procedure, the accused in view of section 436, Cr.P.C has the right to be released on bail. Therefore, when any person accused of a bailable offence is arrested or detained without warrant by an officer-in-charge of a police station and is prepared at any time while in the custody of such officer to give bail, such person shall be released on bail. The officer-in-charge of a police station if he thinks fit, may, instead of taking bail from such person, release him on his executing a bond without sureties for his appearance. It is part of his duty to inform the person arrested that he is entitled to be released on bail or to release him on bail without any move by or on behalf of the arrested person.
When a person is arrested in connection with a bailable
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If it appears to the officer-in-charge of a police station at any stage of the investigation that there are not reasonable grounds for believing that the accused has committed a non-bailable offence, but that there are sufficient grounds for further enquiry into his guilt, the accused shall be released on personal bond without demanding any sureties for his release.The police officer has to record sufficient reasons in the case diary. Therefore, the recording of the reasons in writing is mandatory as it puts the history of the case on record for superior police officers and the court for review and for passing
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