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Report No. 78

Provisions leaning in favour of bail

(4) The mere fact that an accused person may be required for being identified by witnesses during investigation shall not be sufficient ground for refusal to grant bail3 "if he is otherwise entitled to be released on bail" and gives an undertaking that he shall comply with such directions as may be given by the court.1

(5) If it appears to the officer or court concerned at any stage of the investigation, inquiry or trial (as the case may be), that there are no reasonable grounds for believing that the accused has committed a non-bailable offence but that there are sufficient grounds for further enquiry into his guilt, the accused shall, pending such enquiry, be released on bail (with sureties) or, at the discretion of such officer or court, on personal bond.2

(6) If, in any case triable by a Magistrate, the trial of a person accused of any non-bailable offence is not concluded within a period of sixty days from the'first date fixed for taking evidence in the case, such person shall, if he is in custody during the whole of the said period, be released on bail, to the satisfaction of the Magistrate, unless, for reasons to be recorded in writing, the Magistrate otherwise directs.3

(7) There is a special provision for the grant of bail at the stage between confusion of trial and judgment4 in certain cases.

1. Section 437(1), second proviso, Cr. P.C., 1973.

2. Section 437(2), Cr. P.C., 1973.

3. Section 437(6), Cr. P.C., 1973.

4. Section 437(7), Cr. P.C., 1973.

Congestion of under trial Prisoners in Jails Back

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