Bail Right Absolute: A Case Study

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Bail right absolute:
If a person accused of a bailable offence is arrested without warrant, he has a right to be released on bail. An arrest without warrant means that the arrest has been affected otherwise than after judicial scrutiny.
The provisions of this section are mandatory and the court or the officer-in-charge of the police station, as the case may be, is bound to release the person in custody who is accused of a bailable offence on bail provided he is prepared to give it or on recognizances. It may be recalled that section 50(2) makes it obligatory for a police officer arresting without warrant any person other than a person accused of a non-bailable offence, to inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf.

Distinction between Bailable and Non-Bailable offences: …show more content…
It is no doubt true that even in a non-bailable case an accused can be released on bail, but whether he would be so released would depend upon various circumstances of the case and it cannot be assumed that he shall be so released as a matter of

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