Section 487 of BNSS : Section 487: Discharge from custody.
BNSS
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Explanation using Example
Example 1:
Scenario: Rajesh is arrested for a minor theft and is taken into custody. His family arranges for a lawyer who applies for bail.
Application of Section 487:
- Bail Granted: The court grants bail to Rajesh and sets a bail amount of ₹10,000.
- Bond Execution: Rajesh's family pays the bail amount and executes the bail bond.
- Release Order: The court issues an order of release to the officer in charge of the jail.
- Discharge from Custody: Upon receiving the release order, the jail officer releases Rajesh from custody.
Outcome: Rajesh is released from jail as soon as the bail bond is executed and the release order is received by the jail officer.
Example 2:
Scenario: Priya is arrested for a traffic violation and is taken into custody. Her lawyer applies for bail, and the court grants it.
Application of Section 487:
- Bail Granted: The court grants bail to Priya and sets a bail amount of ₹5,000.
- Bond Execution: Priya's lawyer arranges for the bail amount and executes the bail bond.
- Release Order: The court issues an order of release to the officer in charge of the jail.
- Discharge from Custody: Upon receiving the release order, the jail officer releases Priya from custody.
Outcome: Priya is released from jail as soon as the bail bond is executed and the release order is received by the jail officer.
Example 3:
Scenario: Anil is arrested for a financial fraud case and is taken into custody. His lawyer applies for bail, and the court grants it. However, Anil is also wanted in another case of tax evasion.
Application of Section 487:
- Bail Granted: The court grants bail to Anil for the financial fraud case and sets a bail amount of ₹50,000.
- Bond Execution: Anil's lawyer arranges for the bail amount and executes the bail bond.
- Release Order: The court issues an order of release to the officer in charge of the jail.
- Detention for Another Matter: Despite the release order, Anil is not released because he is liable to be detained for the tax evasion case.
Outcome: Anil is not released from jail even after the bail bond is executed and the release order is received because he is required to be detained for another matter (tax evasion case).