Report No. 135
2.22. Present section.-
At present, section 437(1) of the Code of Criminal Procedure, 1973 reads as under:
"437. (1) When any person accused of, or suspected of, the commission of any non-bailable offence is arrested or detained without warrant by an officer in charge of a police station or appears or is brought before a Court other than the High Court or Court of Session, he may be released on bail, but-
(i) such person shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life;
(ii) such person shall not be so released if such offence is a cognizable offence and he had been previously convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more, or he had been previously convicted on two or more occasions of a non-bailable and cognizable offence:
Provided that the Court may direct that a person referred to in clause (i) or clause (ii) be released on bail if such person is under the age of sixteen years or is a woman or is sick or infirm.
Provided further that the Court may also direct that a person referred to in clause (ii) be released on bail if it is satisfied that it is just and proper so to do for any other special reasons:
Provided also that the mere fact that an accused person nay be required for being identified by witnesses during investigation shall not be sufficient ground for refusing to grant bail if his 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."