All India Bar Examination (AIBE) 2-II Previous Year Question Papers with Answers

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38.

If an offence is classified as a non-bailable offence, it implies that :

A: Bail may not be granted.
B: Bail may be granted only through exercise of judicial discretion.
C: Bail may be granted unless directed otherwise by the High Court of the concerned State.
D: Bail may be granted only if a personal bond is provided to the officer-in-charge.
E: Bail may be granted only if a personal bond is provided to a Magistrate and the person agrees to be underĀ houseĀ arrest.

The answer is: B

Explanation

B: Bail may be granted only through the exercise of judicial discretion.

When an offense is classified as a non-bailable offense, it means that bail is not granted as a matter of right, and the decision to grant bail is at the discretion of the judicial authority. The court will consider various factors and circumstances before deciding whether to grant bail in non-bailable cases. Therefore, option B accurately describes the situation for non-bailable offenses. Thank you for your patience and clarification.