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Report No. 78

1.25. Factors determining right to bail.-

Under the present law, any answer to the question whether a person arrested for an offence would be able to secure release on bail mainly depends1 on the offence with which he is charged (bailable or non-bailable), the discretion exercised by the officer or court (in respect of non-bailable offences) and (assuming that, in law, he can be released on bail), his capacity to furnish the security or personal recognisance required by the officer or court. It becomes therefore necessary to spread the canvas wide and to go into the law relating to bail in some detail.

1.para.2.5, infra.

Congestion of under trial Prisoners in Jails Back

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