Section 437 deals with matters of bail in non bailable offences. The bail in cognizable cases should be allowed after administering the guilt of accused NRI, nature and gravity of offence and the justice to victim. This section provide power to the magistrates to grant the bail. The section provides that bail shall not be granted in cases where reasonable ground exists that accused NRI committed an offence punishable with death or life imprisonment. The accused NRI must not be convicted of an offence punishable with death or life imprisonment or imprisonment upto seven years or more. If a person is under age of sixteen years or women she can be released on bail. The court can impose further conditions on the accused while granting bail. The cases where reasonable grounds does not exist and police officer requires more time for inquiry the accused can be granted bail by execution of bond. The court can impose further condition on accused such as to appear before court as and when required and not to impose threats to person familiar with the offence. The court which granted bail empowers the police to arrest and to take into custody, the accused at any time. There is not applicability of section 437-A if the accused is convicted by the magistrate or appellate court.
Section 437-A provides that accused has to execute bail bond with securities and must appear before the court when notice is served. According to section 439, a person can move to the Session Court or High Court for the bail. The accused can file application when he is in police custody, or arrested by investigation officer or inn judicial custody. The Session Court or High Court has power to impose any further condition if considers in the interest of justice. The magistrate take into consideration the nature and brutality of offence, the status of accused, from justice and tempering with the evidence while granting bail. The application of bail can directly the file in the High Court is special circumstances. First the application should be file at session court if the remedy is available. The high court has the power to remand far invoking the jurisdiction of lower judiciary if in case remedy is available.
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