352. When person accused of non-bailable offence may be released on bail
Feedback & supportWhen any person accused of any non-bailable offence is arrested or detained without a warrant by a police officer or appears or is brought before a court, he may be released on bail by any police officer not below the rank of sergeant or by that court, but he shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life:Provided that the court may direct that any person under the age of 16 years or any woman or any sick or infirm person accused of such an offence be released on bail.
bailable offence
“bailable offence” means an offence shown as bailable in Schedule A or which is made bailable by any other law for the time being in force, and “non-bailable offence” means any other offence;
If it appears to such officer or court at any stage of an investigation, inquiry or trial, as the case may be, that there are not reasonable grounds for believing that the accused has committed a non-bailable offence, but that there are grounds for further inquiry as to whether the accused has or has not committed some other offence the accused shall, pending such inquiry be released on bail, or at the discretion of that officer or court on his own bond for his appearance as hereinafter provided.
inquiry
“inquiry” includes every inquiry conducted under this Code before a Magistrate’s Court;
An officer or a court releasing any person under subsection (1) or (2) shall record in writing his or its reasons for so doing.
writing
“writing” and “written” include printing, lithography, photography, engraving and every other mode in which words or figures can be expressed on paper or on any substance;
Any court may at any subsequent stage of any proceeding under this Code cause any person who has been released under this section to be arrested and may commit him to custody.[351