Report No. 78
6.3. Outline of the amendmen.-
Bailable offences.- First, as to bailable offences, section 436(1), proviso of the Code of Criminal Procedure, 1973, gives a discretion to the officer or court to "discharge" the person concerned on a personal bond. As to these offences, we are of the view that if a person cannot furnish sureties within one month of arrest, that circumstances, in the absence of reasons to be recorded, should constitute a fit case for release on personal bond.
If after one month a person cannot furnish sureties, it can be safely presumed that the failure was due to genuine inability to find appropriate sureties. We may, however, add that the release of a person on own bond without sureties involves the risk of that person absconding. To obviate this risk and to provide a deterrent,we are making a separate recommendation,1 so as to the non-appearance and failure to surrender to custody a non-bailable offence.
1. Para. 7.2, infra.