Section 436 of the Criminal Procedure Code provides that when any person other than a person accused of a non-bailable offence is arrested or detained without warrant by an officer in charge of a police station, or appears or is brought before a Court, and is prepared at any time while in the custody of such officer or at any stage of the proceeding before such Court to give bail, such person shall be released on bail.
In fact, Section 436 even permits release of a person on his personal bond without sureties where such person is unable to furnish sureties due to poverty or otherwise if the police officer or the court thinks fit.
Thus, bail is a matter of right in bailable offences.
So, generally, the police would itself grant bail in bailable offences. But, sometimes, the police may produce the person concerned before the court, whereupon the court would grant the bail in such bailable offence.
Also, please remember that the power of police to keep a person in custody is only for a maximum period of 24 hours; after that, the custody can be authorised / extended only by the court. Therefore, in the worst scenario, if the police is not releasing the person on bail in a bailable offence, it will have to produce such person before the court within a maximum period of 24 hours, whereupon the court would grant bail to him. This is not to condone the act of the police of not granting bail in such offence; but, sometimes, under one or other excuse, police may deliberately delay the release. In such cases, the bail would be granted by the court within 24 hours of the arrest if it is a bailable offence.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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