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Which of the following is not correct regarding provisions of bail in case of non-bailable offences?
Question

Which of the following is not correct regarding provisions of bail in case of non-bailable offences?

A.

Bail may be granted, if the Court concerned comes to the conclusion that the prosecution has failed to establish a prima facie case.

B.

Bail may be granted if the Court is satisfied that in spite of the existence of a prima-facie case, there is a need to release such person on bail in view of the facts and circumstances of the case.

C.

Bail cannot be granted to an accused who may be required to be identified by a witness during the investigation.

D.

If the offence is punishable with death, imprisonment for life, or imprisonment for 7 years or more, no person can be released on bail without giving an opportunity of hearing to the public prosecutor.

Correct option is C


The correct answer is (c) Bail cannot be granted to an accused who may be required to be identified by a witness during the investigation. This statement is not correct. The possibility of requiring identification during the investigation does not automatically bar the grant of bail. Courts have the discretion to grant bail even in such circumstances, depending on the facts of the case.
Information Booster:
Non-Bailable Offences and Bail: In non-bailable offenses, bail is not a matter of right, and the court has the discretion to grant or deny it based on the circumstances, the severity of the offense, the evidence available, and the risk of the accused tampering with evidence or influencing witnesses.
Additional Knowledge:
· Hearing for Public Prosecutor: For serious offenses, the law mandates that the public prosecutor must be given an opportunity to present their case before bail is granted.

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