Every person accused of a bailable offence has a right to be released on bail and it is the duty of the Police Officers as well as the Court to release the person accused of a bailable offence on bail and not to detain him.
Bailable offence is an offence which is either shown to be bailable in Schedule I of the Code of Criminal Procedure, 1973 or which is made bailable by any other law for the time being in force.
# Section 2 (a) of the Code defines “bailable offence” as follows :-
“2(a). “bailable offence” means an offence which is shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in force; and “non-bailable offence” means any other offence;”
The bailable offences are those which are made bailable in terms of Section 2(a) Cr.P.C. which are defined as such under the First Schedule itself.
Section 2(a) of the Code defines “bailable offence” to be an offence shown as bailable in the First Schedule to the Code or which is made bailable by any other law for the time being in force.
The First Schedule to the Code which deals with classification of offences is in two parts. The first part deals with offences under the Indian Penal Code, while the second part deals with classification of offences in respect of other laws.
Accordingly, if the provisions of Part 2 of the First Schedule are to be applied, an offence in order to be cognizable and bailable would have to be an offence which is punishable with imprisonment for less than three years or with fine only, being the third item under the category of offences indicated in the said Part.
An offence punishable with imprisonment for three years and upwards, but not more than seven years, has been shown to be cognizable and non-bailable. [Om Prakash v. Union of India, (2011) 14 SCC 1]