Sec. 436 CrPC: In what cases bail to be taken

[@TheoryofAbrogation]

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[@shatakshisingh3663]

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[@lawyerrichas.4444]

Thank u so much 🙏 your videos are very helpful once again thank you so much sir

[@zohaibshah8143]

Honestly I'm from Pakistan 🇵🇰 And your information is very useful for all . Thx 👍

[@minakshidas4994]

Sir kiya pakistan me v cr p c ka jo provisions de rakha he ho applicable he hamari jaisa.

[@gkandlaw1060]

Thnx sir mere bhi crpc khatam ho gaya hai n really mujhe usme confidence bhi aya hai ki ha ab sab kuch ata hai great sir ur too good ... Mind mai apki haar baat yaad rehti hai n or kuch supplimentary books lene ki jarurat hi ni padti hai... God bless u... Love u😘😘😘😘

[@chetnapanwar8871]

Criminal procedure code 1973 under section 436, we will learn about the bail provision in what cases bail to be taken, before understanding what are the provisions in the bail we have to understand then what is bail actually, bail is a kind of judicial release from a custody(we need custody because whenever at the time of the trial the person needed to be present can't of the court he can be presented if he is available in the custody), but if the accused is able to present to the court in the proceedings without being available in the custody when he necessity to be present in the court when there is no need to be him to go in the custody, as it is an established principal of the law which stated that till the person against to whom the charges has been framed officers has been put he has not been proved guilty beyond the reasonable doubt he is is innocent in front of the court. So till he is not proved guilty he should not be put in the bar in the custody, if he put in the bar his right of living, right to life under article 21 of the Constitution in part third of the fundamental rights has been violated and his right has been affected which is against the law. So he is released on the bail, on the behalf of the security or surety given by him. Section 436 talks about in what cases bail to be taken, if a person has done offence which comes under non bailable offence and the police incharge has detained or arrested him without a warrant for that person appears in the court of law, and that person is able to give bail then the police and the court has to grant him a bail there is no if and but, as section 436 subsection 1 state very clearly shall grant him away there is no description in the court of law, it means here that it's the mandatory provision it is he is right to take the bail. Proviso state that if the person or accused is an indigenous person or a poor person and unable to furnish the surety then it's the duty of the court and the police officer to discharge without taking any surety, for the experience hereinafter provided, as he should execute the bond. If if any person is unable to execute a surety even after being in a custody for one week then it will be presumption of the law that the person is an indigenous person. Explanation of it is stated that when a person is unable to give bail within a week from the date of his arrest, it shall be the ground for the officer of the court to presume that he is an indigenous person for the purpose of this proviso. The sub section two of it is stated that there are condition that has been put in the Bail, as where when and at what time you have to be present at which place you have to appear and if the person violated those condition, it can be a ground for refusal of a bail of that person, in the subsequent process, on the same issue. But it will not gonna affect the power of the court to for forfeited bond which he has executed under section 446, where court can take penalties from the sureties. Sandeep Jain vs NCT Delhi 2000 So in this case what happened when the court order for the bail of a person it has a state it very clearly that when you will be able to give 2,00,000 rupees to the court then only the bail will be guaranteed to you, to the supreme court here stated that it is very harsh and improper order. (as here where the court want to stop the bail of a person which is the right of an individual you put it the bail amount which is very high, as his unable to give the amount and he will never be able to come out of the custody). Another cases Dhruv K. Jaiswal vs State of Bihar 2002 Hear the Patna High Court dismiss the bail application, the supreme court here stated that without citing any reason dismissing a bail application equivalent to improper order. So the last point you you should Remember about the section is that if the court not give the bail under section 436 you have a right to go under section 439 where the power has been given to the high court and the court of session, where is special power has been granted to the high court and the court of session. The Criminal procedure code 1973 under section 436, we will learn about the bail provision in what cases bail to be taken, before understanding what are the provisions in the bail we have to understand then what is bail actually, bail is a kind of judicial release from a custody(we need custody because whenever at the time of the trial the person needed to be present can't of the court he can be presented if he is available in the custody), but if the accused is able to present to the court in the proceedings without being available in the custody when he necessity to be present in the court when there is no need to be him to go in the custody, as it is an established principal of the law which stated that till the person against to whom the charges has been framed officers has been put he has not been proved guilty beyond the reasonable doubt he is is innocent in front of the court. So till he is not proved guilty he should not be put in the bar in the custody, if he put in the bar his right of living, right to life under article 21 of the Constitution in part third of the fundamental rights has been violated and his right has been affected which is against the law. So he is released on the bail, on the behalf of the security or surety given by him. Section 436 talks about in what cases bail to be taken, if a person has done offence which comes under non bailable offence and the police incharge has detained or arrested him without a warrant for that person appears in the court of law, and that person is able to give bail then the police and the court has to grant him a bail there is no if and but, as section 436 subsection 1 state very clearly shall grant him away there is no description in the court of law, it means here that it's the mandatory provision it is he is right to take the bail. Proviso state that if the person or accused is an indigenous person or a poor person and unable to furnish the surety then it's the duty of the court and the police officer to discharge without taking any surety, for the experience hereinafter provided, as he should execute the bond. If if any person is unable to execute a surety even after being in a custody for one week then it will be presumption of the law that the person is an indigenous person. Explanation of it is stated that when a person is unable to give bail within a week from the date of his arrest, it shall be the ground for the officer of the court to presume that he is an indigenous person for the purpose of this proviso. The sub section two of it is stated that there are condition that has been put in the Bail, as where when and at what time you have to be present at which place you have to appear and if the person violated those condition, it can be a ground for refusal of a bail of that person, in the subsequent process, on the same issue. But it will not gonna affect the power of the court to for forfeited bond which he has executed under section 446, where court can take penalties from the sureties. Sandeep Jain vs NCT Delhi 2000 So in this case what happened when the court order for the bail of a person it has a state it very clearly that when you will be able to give 2,00,000 rupees to the court then only the bail will be guaranteed to you, to the supreme court here stated that it is very harsh and improper order. (as here where the court want to stop the bail of a person which is the right of an individual you put it the bail amount which is very high, as his unable to give the amount and he will never be able to come out of the custody). Another cases Dhruv K. Jaiswal vs State of Bihar 2002 Hear the Patna High Court dismiss the bail application, the supreme court here stated that without citing any reason dismissing a bail application equivalent to improper order. So the last point you you should Remember about the section is that if the court not give the bail under section 436 you have a right to go under section 439 where the power has been given to the high court and the court of session, where is special power has been granted to the high court and the court of session. Thank you so much, NAJEEB SIR

[@sahilgarg8968]

Helped me alot thanks

[@RakshitChaudhryy]

Thankyou

[@appy4416]

On questions. Bail is a matter of right and jail is an exception. "What are the key points to write a long questions on this?

[@asimaghosh1991]

whether bail should be granted to a re arrested accused that he had jumped bail and had absconded and has applied for the bail on his re arrest

[@sahilgarg8968]

Discretion of the court

[@syedalmaas2660]

Thnkk you sir for explaining in the easy way

[@MAAN_786]

Sir,case sec, 423. 425. 352 . ke after 14 month ( PO ) Proclaim offender HONE ke bad bail kase ho gay, sivel court ja high court se

[@jashowantnaik9944]

Sir can you plz tell what should I write in bail is rule jail is an exception. What is the imp case law

[@ramkumarjamhore]

Excellent explained to you sir ji .

[@adv.shirinshaikh6588]

Hello,Sir....Sir agar kisi person ne apne Frnd ko( accuse) bail par realised krvaya means surety pr...aur agar accuse prsn escaped ho gaya,toh police surety wale prsn, means jisne surety di he accuse ko,usko arreste kr skti he,agr wo date pr present nhi raha hearing ki tb...????

[@purnimamahara8700]

Why is it perticularly mentioned under section 436 *arrest without warrent* won't this provision apply on non cognizable cases?

[@rashithapliyal4348]

i have same doubt...

[@advwahedurrahamanofficial5761]

In the same line 'or is brought before a court' whether it is not comply with the concept of non cognizable case? (Though i m also not sure)

[@manifreefire4732]

No cace on internet regarding Dhruv k Jaiswal 2002 . Is it a wrong case?

[@mdirfanalam6901]

Agar koi aisa person hai jiske pass koi sanakhti ya koi sathi ya jaane wala koi nahi hai.... bail ke affidavit pr sign krne wala bhi koi nhi hai.....aisi case me bail kaise milega or affidavit pr sign kon krega.... Plz resolve this issue

[@ayushmittal9558]

When bail can be taken 436(1) - 01:14 When bail would be discretionary 436(2) - 03:14

[@kartik6794]

Thankyou so much sir ❤

[@champamondal9369]

If a person is arrested in a bailable offence and the person has been refused to released on bail. Does it amount to illegal detention? Whether writ of habeas corpus can be asked from high court ?

[@lawandlegalsolution5998]

Bhai court bail Deta nahin Leta hai .yadi is section me court sufficient bail nahin leta hai,Matlab reject karta hai to order improper hoga

[@shrishtisinha100]

Your vedios are really helpful...

[@shoaibahmad4762]

Sir aapne kaha ki agr 1 hafta jail me hai aur bail nhi de pa rha hai to usko bail pr chhoda ja skta hai......... Kya ye keval bailable offence k liye hai? Mere paas ek case hai h jisme 1 accused warrant pr u/s 307 ipc me feb 2018 se jail me hai. Oct 2018 me uski bail session court se ho gyi.. Lekin wo abhi tk jamanat nhi daakhil kr paaya hai kyunki woh bhut gareeb hai... Uske liye kya kiya ja skta hai

[@legal_enlightening]

Thxxx somuch...vry well explained...

[@deepsp598]

Sr kisi pending case jaise (376) ko kis tarah open kare ki o regular me ho jay sr pls reply me.

[@adv.shirinshaikh6588]

Another one Sir....ya ussi case me accuse ki date ho gayi,toh kya police surety dene wale prsn ko arrest kr skti he,agr wo present nhi raha hearing pr toh....???

[@ZakirHussain-lf7bk]

Plz explain what is bond for executing bail

[@vaishalivashistha2382]

i didnt really understand the point where " COGNIZANCE".

[@harsshraaj1497]

Sir please make a video on chapter 13 of crpc from section 177 to 189 🙏

[@MrLatu100]

One video on mportant section of cpc... with important basic information... By watching again and again memories us section no., Title, and basic information(fast review).... At end thanks for this video... Your presentation is appricable good voice ...

[@dishasharma8113]

Sir please make videos on What is the procedure of recording evidence in absence of the accused. Sec 273 and it's exceptions.

[@madhavdixit1043]

Thanks sir ... God bless you......

[@ahangerrifat5747]

Very good teacher

[@himanichauhan8900]

Sir thank you very much

[@advjaytisharma8980]

Thankyou so much sir...🙏

[@RahulKumar-jy7mb]

Aapka fan ho gya bhai.. very good job bro

[@swetaanand9763]

Sir ...can u plz make us understand the case...sanjay chandra v. central bureau of investigation

[@sachinkumar-bt3ps]

Thank you sir 🙏

[@minakshidas4994]

Thank you so much sir.

[@knowlegalworld2022]

Sir bail=surety ya bail=Monetary value

[@seemameena4810]

Thanks a lot

[@sulbhapawar4690]

Plz tell me how to use callme4

[@bimmykesarwani7212]

Sir thxx muje help hoga ? Sir plz explain FIR next month mai exm hai

[@prahladarora7019]

Must say that u r very good teacher . Sections samajh aa rhe saare . Kindly make a pendrive course also

[@Meraislam9322]

Please make video on transfer of criminal cases under crpc 406

[@yogitamayekar3892]

I like this video

[@takshshilavyas809]

Thank u sir

[@letestvideo5870]

Sir sec 41 cr.p. c ka h?

[@parichaturvedi5453]

Thanks sir

[@apposhakya3906]

395, 397,436,354 me jhotha fasaya Gaya hai...Kya karo

[@MohitSingh-vu3ct]

🙏🙏

[@shoaibkhan-bd4ir]

Sir pls make a video on Kinds of ways of bails

[@amritkalra3367]

Hlo. Nic lectures.bt pls help by the help of books lik unique

[@rushikeshshukla7164]

How much money we have to give in bail

[@NaushadAlam-vs9ij]

Very nice

[@poojasiang2794]

Who are those fools reacting dislike...

[@adv.bhimraobudhodkar2113]

Hi Sir I request u to plz be upload the vedios on irregular proceedings which vitiate u/s 460 to 466. Because it's very hard n Cr to proper understanding. So it may be consider personally. Thanking u.

[@avijitmajumder730]

tell me about police inaction cases

[@seemathakur9252]

Nice

[@seemameena4810]

Sir plz complete section 436-450 tak video baniye

[@TheoryofAbrogation]

yes, i will upload soon.

[@TheoryofAbrogation]

btw section 438 pe already bana chuke hai

[@adv.pratapsosa6635]

Good

[@mushahidrazakhan7826]

sir section 41 pr video bano

[@parichaturvedi5453]

Sir plz 380 ke age continue

[@TheoryofAbrogation]

pari chaturvedi bahut jald hi karenge upload

[@011ravindra]

Bailable offence nhi batye apne skip kr gye

[@sarfarazahmad5910]

section 436a ko thoda clear karenge

[@sakshisakshi4700]

Sir trial pr p video bnye

[@TheoryofAbrogation]

SHIKHA KUMARI banaye hai trial pe check kariye

[@sakshisakshi4700]

ok Sir thanks

[@parichaturvedi5453]

I waiting

[@TheoryofAbrogation]

pari chaturvedi thoda time lagega tab tak aur cheeze dekh lijiye

[@mrinalinipal8775]

sir this is very helpful thanx .

[@shwetamalhotra6151]

Sir ur videos are really helpfull

[@prashantbhardwaj5296]

Sir will u please recommend me some books which u prefer while making videos

[@desiworld8793]

Bhai 436(A) bnao

[@aliyakhan4065]

Sir apka number chahiye

[@nehadogra4939]

436a toh beto

[@akjathol7404]

Xcilnt

[@Anitha788]

Sir please give class fully in English language sir

[@sohansingh-li4sv]

Nice sir app ka mobile no.

[@TheoryofAbrogation]

check about column

[@dishasharma8113]

Sir please make videos on What is the procedure of recording evidence in absence of the accused. Sec 273 and it's exceptions.

[@priyankamajhi1104]

Thank you so much sir

[@parichaturvedi5453]

Thanks sir

[@sakshisakshi4700]

thanks sir

[@kabaddijatt4381]

Thanks sir

[@rafikhussain837]

Thanks sir