What is a non bailable offense and can bail be granted for such cases in Indore?
A non-bailable offense is an offence for which the accused is not entitled to bail as a matter of right. The court has the discretion to grant bail in non-bailable offenses, but only in exceptional circumstances.
In India, the Code of Criminal Procedure (CrPC) lists the following offenses as non-bailable:
- Offenses punishable with death or life imprisonment
- Offenses punishable with imprisonment for seven years or more
- Offenses involving organized crime
- Offenses involving economic offenses
- Offenses involving corruption
- Offenses involving terrorism
In Indore, the court may grant bail in non-bailable offenses if the accused is able to show that:
- They are not likely to abscond
- They are not likely to interfere with witnesses
- They are not likely to commit any other offense while on bail
A non-bailable offense is an offense for which bail is not granted as a matter of right. The Indian Penal Code (IPC) classifies offenses as either bailable or non-bailable.
In general, offenses punishable with death, imprisonment for life, or imprisonment for a term exceeding seven years are considered non-bailable offenses. However, there are some exceptions to this rule. For example, bail can be granted in cases of non-bailable offenses if the accused is a woman, a child, or a sick person.
In Indore, bail can be granted for non-bailable offenses in the following circumstances:
- If the accused is a woman, a child, or a sick person.
- If the accused is unlikely to abscond.
- If the accused is not likely to interfere with the witnesses.
- If the accused is not likely to commit any other offense while on bail.
The decision of whether or not to grant bail in a non-bailable offense is a discretionary one that is made by the court on a case-by-case basis.
If you are facing charges for a non-bailable offense, it is important to consult with a lawyer to discuss your options. A lawyer can advise you on the likelihood of being granted bail and can help you prepare a bail application.
Here are some examples of non-bailable offenses in India:
- Murder
- Rape
- Kidnapping
- Dacoity
- Robbery
- Counterfeiting currency
- Terrorism
- Sedition
It is important to note that the list of non-bailable offenses is not exhaustive. The court may also consider an offense to be non-bailable if it is of a serious nature and if there is a risk that the accused may abscond or interfere with the witnesses.
The court will also consider the severity of the offense and the accused’s criminal history when making its decision.
If the court grants bail in a non-bailable offense, the accused will be required to pay a substantial amount of bail. The accused will also be required to appear in court on all future dates.
If you are charged with a non-bailable offense, it is important to consult with a lawyer to discuss your bail options. A lawyer can help you prepare a bail application and represent you in court.
In addition to the above, it is important to note that the Supreme Court of India has held that the grant of bail is a matter of discretion, and the court is not bound to grant bail in every case. The court will consider all the relevant factors before making its decision.
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304
