Section 437 of CrPC : Section 437: When Bail May Be Taken In Case Of Non-Bailable Offence

Explanation using Example

Imagine a situation where a man named Rohit is arrested for allegedly committing a robbery, which is a non-bailable offence. The police take him into custody without a warrant. Rohit's lawyer applies for bail on his behalf. The Court considers Section 437 of The Code of Criminal Procedure, 1973, to determine whether Rohit can be granted bail.

The Court observes that:

• Rohit has not been previously convicted of an offence punishable with death, imprisonment for life, or imprisonment for seven years or more.
• There are no reasonable grounds to believe that he committed the offence as the evidence is not strong enough at this point.
• Rohit is not a repeat offender with multiple previous convictions.

Considering these factors, the Court decides to grant Rohit bail but imposes conditions:

• He must attend all court hearings.
• He must not commit any similar offence while out on bail.
• He must not contact witnesses or tamper with the evidence.

The Court records its reasons for granting bail as required by subsection (4) of Section 437. If at any point the Court finds it necessary, it can revoke Rohit's bail and take him back into custody as per subsection (5).