Grant, Refusal & Cancellation of Bail
By
Anant V. Albal
As put by many Judges, the right to be released on bail is a very important right of citizen, that it is an extremely important safeguard which the Code of Criminal Procedure confers upon the subject.
Justice Gajendragadkar delivering the judgment in the Supreme Court in Talab Haji Hussain v. Madhukar Purshottam, AIR 1958 SC 376 : 1958 Cri LJ 701 observes that the recent amendments made in the provisions of Sec. 497 have made definite improvements in favour of persons accused of non-bailable offences and that it would nevertheless be correct to say the grant of bail in such cases is generally a matter in the discretion of the authorities.
Chapter XXXIX of the Cr. P. C. deals with the question of bail. Section 496 provides for bail in the case of bailable offences, the only condition is that the accused must give the necessary bond with or without sureties. Section 497 deals with grant of bail in non-bailable offences. Sub-section (1) says that in non-bailable cases, ....