reported in 2012 (4) KLT 535 , in which this Court has considered the issue as to whether the Magistrate is correct in remanding an accused, who has offered to give bail for the reason that non bailable warrant is pending against such person and that steps under Sections 82 and 83 of the Cr.P.C. are also taken against such person. Answering this issue, this Court has held that when the accused has surrendered before the Magistrate in a case relating to bailable offence, it is not proper to pass a drastic order to incarcerate such an accused and the fact that non bailable warrant has been issued against the accused, in such a case involving bailable offence, then whatever be the justification of such an order, that by itself will not be a ground to incarcerate the accused. This Court held in that case that the learned Magistrate evidently has not taken note that where the offence is bailable and the accused, if he offers to give bail, has to be released pending his trial and there is no question of police officer or court exercising any discretion in granting bail and only choice is of demanding security with surety, etc. and that the only exception that can be made against an accused proceeded of bailable offence would be in a situation covered by subsection (2) of Section 439 of the Cr.P.C. The fact that the Magistrate has issued non bailable warrant against such accused and proceeded with coercive steps under Sections 82 and 83 of the Cr.P.C., is no ground to refuse bail when the offence is bailable and that the accused is entitled
