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Report No. 268

Volume III Chapter 10

1. Principles governing grant of bail-

It must be understood that for every bailable offence bail is a right not a favour. In demanding bail from an accused person, Magistrates should bear in mind the social status of the accused and fix the amount of bail accordingly, care being taken that the amount so fixed is not excessive. The amount of bail and the offence charged, with the section under which it is punishable, should always be stated on the face of an order directing the accused to be detained in the lock-up in default of his furnishing bail. Bail may be tendered and must be accepted at any time before conviction. Bail may also be tendered and accepted even after conviction in accordance with the provisions of sub-section (2-A) of Section 426 of the Code of Criminal Procedure, [See Section 389(3) of new Code], when a person other than a person convicted of a non-bailable offence satisfies the Court that he intends to file an appeal.

Amendments to Criminal Procedure Code, 1973 - Provisions relating to Bail Back

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