arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session ... arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session
such an accused does not appear despite service of summons, then
Bailable Warrant for physical appearance may be issued.
c) NBW on failure to failure ... appear despite issuance of Bailable Warrant.
d) NBW may be cancelled or converted into a Bailable Warrant/Summons
without insisting physical appearance of accused
Procedure, 1973
437. When bail may be taken in case of non-bailable offence.
-[(1) When any person accused of, or suspected of, the commission ... 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
where the offence of which such person has been convicted is bailable one, and he is on bail, order that the convicted person be released
Psychotropic Substances Act, 1985
37. Offences to be cognizable and non-bailable.—
(1) Notwithstanding anything contained in the Code of Criminal Procedure
accused before such Magistrate, or if the alleged offence is non-bailable and the Court thinks it necessary so to do, send the accused
first instance, such magistrate is
only empowered to issue only a bailable warrant and not a
nonbailable warrant. This curtailment of power ... Court of Session and the
High Court to grant bail in nonbailable cases and Section
439 which deals with the “special powers
acquittal passed by a Magistrate in respect of a cognisable and non-bailable offence; (b) the State Government may, in any case, direct the Public ... acquittal passed by a Magistrate in respect of a cognisable and non-bailable offence; (b) to the High Court from an original or appellate order
reason to
believe" that he may be arrested for a non-bailable offence.
The use of the expression "reason to believe" shows ... applicant is based that he may be arrested for a non-
bailable offence, must be capable of being examined by the
court objectively, because
Definitions.
- In this Code, unless the context otherwise requires, - (a) "bailable offence" means an offence which is shown as bailable in the First Schedule ... which is made bailable by any other law for the time being in force; and "non-bailable offence" means any other offence; (b) "charge" includes
