Bail

Retired · 2018-03-28T09:36:46+00:00

BAIL PLEASE Grant of bail is a rule and refusal is an exception. A person accused of a bailable offence has the right to be released on bail. Bail in case of bailable offences is compulsory. In the matter of admission to bail the Code of Criminal Procedure makes a distinction between bailable & non-bailable offences. The grant of bail to a person accused of non-bailable offence is discretionary. But a person accused of bailable offence at any time while under detention without a warrant at any stage of the proceedings has the right to be released on bail in view of section 148 and 66 of CPC 1985 and it must be remembered with firm conviction that Bail is constitutional right s.13 (6) (b) of United Republic of Tanzania Constitution, [Cap 2, R.E 2002], on presumption of innocence. When the offence is bailable and accused is prepared to furnish bail, police officer has no discretion to refuse bail1. Even when a person suspected of committing a bailable offence is produced before a magistrate and he is prepared to give bail, Magistrate has no option but to release him on appropriate bail2. Magistrate cannot refuse to accept surrender and to bail out an accused against whom a petition or complaint of bailable offence has been filed3. The offence when is bailable, bail has to be granted. If the offence is non-bailable further considerations arise4. While adjudicating a bail application detailed examination of evidence and elaborate documentation of the merits of the case is however to be avoided5. 1. Dharmu Naik v. Rabindranath Acharya 1978 CrLJ 864 : Kanu Bhai v. State of Gujarat 1972 (B) Guj LR 748. 2. Kanubhai v. State of Gujarat (1972)(B) Guj LJ 864 : Union of India v. S. Bhagwandas 1969 Mad. LW (Cri) 88. 3. K.K. Rao v. State 1982 Mad LJ (Cr). 330 : (1981)2 Andh LT 461. 4. State of Punjab v. Jagjit Singh, AIR 1962 SC 253 : (1962)3 SCR 622 : (1962)1 Cr. LJ 5. Niranjan Singh v. Prabhakar (1980)2 SCC 559 : 1980 SCC (Cri) 508 : AIR 1980 SC

Thread starter Retired
Start date Mar 28, 2018

Retired

JF-Expert Member

Mar 28, 2018

Sheria kwa Kiswahili

Senior Member

Mar 30, 2018

Kyalow

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