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
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 ... non-bailable offence is arrested or detained without warrant by an officer in charge of a police station or appears or is brought before
arrest on the accusation that the applicant
has committed a non bailable offence. A person who has
yet to lose his freedom by being arrested ... nonbailable offences, provides by
way of an exception that a person accused or suspected of
the commission of a nonbailable offence “shall
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
otherwise requires, - (a) "bailable offence" means an offence which is shown as bailable in the First Schedule, or which is made bailable by any other ... bailable offence" means any other offence; (b) "charge" includes any head of charge when the charge contains more heads than one; (c) "cognisable offence" means
When any person other than a person accused of a non-bailable offence is arrested or detained without warrant by an officer in charge
apparently a child and is alleged to have committed a bailable or non-bailable offence, is apprehended or detained by the police or appears
Bail of juvenile
(1) When any person accused of a bailable or non-bailable offence, and apparently a juvenile, is arrested or detained or appears
Court which issued the warrant : Provided further that if the offence is a non-bailable one, it shall be lawful for the Chief Judicial Magistrate ... aforesaid, the Chief Judicial Magistrate in the case of a non-bailable offence, or any Judicial Magistrate in the case of a bailable offence