Bailable and Non-bailable Offences
Under the Code of Criminal Procedure, offences have been classified as Bbailable and Non-bailable offences.
In the case of bailable offences, it is binding upon the investigating officer to grant bail.
However, in case of a non-bailable offence the police do not grant bail. The decision is taken by a Judicial Magistrate/Judge only.
In the case of a bailable offence, if the accused produces proper surety after his arrest, and fulfils other conditions, it is binding upon the Investigating officer to release him.
In the case of a non-bailable offence, the Investigating Officer must produce the accused before the Judicial Magistrate/Judge concerned within 24 hours of the arrest. At that time, the accused has a right to apply for bail himself or through his representative/lawyer.
Similarly, if the accused has been subjected to any misbehaviour by police after arrest, he has an opportunity to complain against the same before the Judicial Magistrate/Judge.