I disagree with my learned scholar regarding grant of bail u/s 497 CrPC.
Under 497 SHO can take bail subject to fulfillment of some conditions.
The relevant provision is hereby reproduced as under.
497. When bail may be taken in case of nonbailable offence.(1) When any person accused of any
nonbailable offence is arrested or detained without warrant by an officer in charge of a police station, or
appears or is brought before a Court, he may be released on bail, but he shall not be so released if there
appear reasonable grounds for believing that he has been guilty of
2[an offence punishable with death or
3[imprisonment for life or imprisonment for ten years]]:
[Provided that the Court may direct that any person under the age of sixteen years 5
[or any woman] or
any sick or infirm person accused of such an offence be released on bail [ : ]
Provided further that where a woman accused of an offence is refused bail under the foregoing proviso,
she shall be released on bail if she has been detained for a continuous period of six months and whose trial
for such offence has not been concluded, unless the court is of the opinion that the delay in the trial of the
accused has been occasioned by an act or omission of the accused or any other person acting on her behalf.
5[Provided further that the Court shall, except where it is of the opinion that the delay in the trial of the
accused has been occasioned by an act or omission of the accused or any other person acting on his behalf,
direct that any person shall be released on bail—
(a) Who, being accused of any offence not punishable with death, has been detained for such
offence for a continuous period exceeding one year or in case of a woman exceeding six months
and whose trial for such offence has not concluded; or
(b) Who, being accused of an offence punishable with death, has been detained for such offence for
a continuous period exceeding two years and in case of woman exceeding one year and whose
tiral for such offence has not concluded:
Provided further that the provisions of the foregoing proviso shall not apply to a previously convicted
offender for an offence punishable with death or imprisonment for life or to a person who, in the opinion of
the court, is a hardened, desperate or dangerous criminal or is accused of an act of terrorism punishable with
death or imprisonment for life.]
(2) If it appears to such officer or Court at any stage of the investigation, inquiry or trial, as the case may
be, that there are not reasonable grounds for believing that the accused has committed
offence], but that there are sufficient grounds for further inquiry into his guilt, the accused shall, pending
such inquiry, be released on bail, or, at the discretion of such officer or Court, on the execution by him of a
bond without sureties for his appearance as hereinafter provided.
2[(3) An officer or a Court releasing any person on bail under subsection (1) or subsection (2) shall
record in writing his or its reasons for so doing.
(4) If, at any time after the conclusion of the trial of a person accused of a nonbailable offence and
before Judgment is delivered, the Court is of opinion that there are reasonable grounds for believing that the
accused is not guilty of any such offence, it shall release the accused, if he is in custody on the execution by
him of a bond without sureties for his appearance to hear judgment delivered.]
3[(5) A High Court or Court of Session and, in the case of a person released by itself, any other Court
may cause any person who has been released under this section to be arrested and may commit him to
I am open for any further discussion.
Apr, 12 2018