Table of Contents
BAIL
- Bail is the conditional release from prison, of a person accused awaiting trial or an appeal, for an amount, pledged for the appearance of the accused when the same is due in court.
- The pledged amount aka- security amount or bail bond
- The monetary value of the bail bond is set by the court having jurisdiction over the prisoner.
- The security may be cash, the papers giving title to property, or the bond of private persons.
- A person may also be released without Surety.
SC on bail-
- Hon’ble SC in Sanjay Chandra vs CBI (2011) held-
- “The grant or refusal to grant bail lies within the discretion of the Court. The grant or denial is regulated, to a large extent, by the facts and circumstances of each particular case. But at the same time, right to bail is not to be denied merely because of the sentiments of the community against the accused
- Court further held in the same case
- “ The primary purposes of bail in a criminal case are-
- to relieve the accused of imprisonment,
- to relieve the State of the burden of keeping him, pending the trial, and at the same time, to keep the accused constructively in the custody of the Court, whether before or after conviction, to assure that he will submit to the jurisdiction of the Court and be in attendance thereon whenever his presence is required”.
Bail for Bailable offences: Section 436-
- Accused is entitled for Bail as a matter of right, may be before Police station itself, or if forwarded to Magistrates Court, before Magistrates court
- Here getting Bail is a matter of Right and its not a favor to the accused.
- There is no question of any discretion in granting bail in such cases.
- Only in the case where the accused is unable to furnish bail bond, can he be denied the bail.
List of Bailable offence –
- Given in Schedule One of Cr.P.C.
- Eg-
- Obstructing public Servant in discharge of his public functions
- Giving or fabricating false evidence in a judicial proceeding
- Selling any food or drink as food and drink, knowing the same to be noxious
- Causing a disturbance to an assembly engaged in religious worship
Maximum Period for which under trials can be detained- Section 436 A
- If a person has under gone, during the period of investigation, inquiry or trial, detention for a period extending up to one half of the maximum period of imprisonment specified under the law, he shall be released by the court on his personal bond with or without sureties
Bail for non-Bailable offences- section 437
- A person accused in Non Bailable offences may be released by the lower court on bail but in following cases, he shall not be released-
- If there are reasonable grounds that he has been guilty of an offence punishable with death or life imprisonment.
- If he committed cognizable offence, and had been previously convicted of an offence punishable with death or LI or imprisonment for seven years or more.
- Exception for person under sixteen years of age, or a women, or is sick or infirm.
Conditions are imposed if bail is granted in non bailable offences-
- such person shall attend in accordance with the conditions of the bond executed
- that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected
- Such a person shall not influence the case by inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence
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