How to get bail in non-bailable offense in Chandigarh?
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"My brother has been arrested in a non-bailable offense case. The police are saying he cannot get bail. Is this true? What is the procedure to get bail in non-bailable offenses and how long does it take?"
Expert Legal Answer
Metis Law Chamber
Legal Experts
Bail in Non-Bailable Offenses:
Contrary to common belief, bail is possible in non-bailable offenses, but it requires court approval rather than police station bail.
- Police Station Bail: Not available for non-bailable offenses
- Judicial Bail: Must be sought from Magistrate or Sessions Court
- High Court Bail: Available under Section 439 CrPC
- Supreme Court Bail: Under Article 32/136 of Constitution
Grounds for Bail in Non-Bailable Cases:
- Weak prosecution case or lack of evidence
- Prolonged custody without trial
- Medical emergencies or humanitarian grounds
- First-time offender with no criminal history
- Likelihood of tampering with evidence is minimal
Required Documents:
Bail application, copy of FIR, personal and surety bonds, character certificates, proof of residence, and medical certificates if applicable.
Timeline:
Magistrate court: 7-15 days, Sessions court: 2-4 weeks, High Court: 1-3 months depending on case complexity.
For expert bail application assistance in Chandigarh courts, contact Metis Law Chamber immediately.
Important Disclaimer: This information is for educational purposes only and should not be considered as legal advice for your specific situation. Laws can be complex and fact-specific. For personalized legal assistance and representation in your case, please contact Metis Law Chamber immediately for a detailed consultation with our legal experts.
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