Bail has become a controversial topic in India, with reports detailing the state of the country's criminal justice system. The release of an accused on bail is necessary because pre-trial detention has serious consequences, including psychological and physical hardships, loss of employment, and the inability to prepare a proper defence. The law regarding bail must strike a balance between protecting society from those who may have committed a crime and the presumption of innocence until proven guilty. The principle that bail is the rule and jail is the exception should guide lower courts, but exceptions exist for the benefit of the prosecution and society. In a conflict between social security and individual liberty, the court must protect individual liberty, which is a fundamental right under Article 21 of the Constitution. Chapter III of the Criminal Procedure Code (CrPC) in the Indian legal system contains provisions concerning bail. Sections 436 to 450 specifically address bail. The term "offence" in relation to bail has been classified into two categories: bailable offences and non-bailable offences. Section 2(a) defines a bailable offence as an offence listed as bailable in the First Schedule or one that is made bailable by any other law currently in effect. On the other hand, a non-bailable offence refers to any other offence that does not fall under the bailable category. In this regard, below is a few questions related to Bail:
1. What is bail?
You are released from bail only. Being released on bail means that there are limits to your freedom - you can be barred from leaving the country and travelling without permission, and whenever necessary you can be tried in court or Have to appear before the police.
When you have been arrested, you can be released if you sign a 'bond' in which you give a security amount. This amount assures the court that you will be present for the trial. May be required to be bailable (as surety). They have to pay a surety amount if they do not appear before the court. In this way, they are notorious for the court to be present whenever necessary.
2. Who are bailable?
When you go to the court for bail, the court needs an apparent effort to ensure you do not run away. The court may ask you to bring some people to take this responsibility. 'Guarantee' says. Your bailable must be your identity, such as your family or friends. Ideally, I should be from a local place. Bail is not always required for release.
A surety does not always have to be bailable. A person can withdraw from being bailable. You will then have to make someone else bailable instead of that surety. If no one else comes in place of that surety, you will be taken back into custody.
3. What is a 'Bail Bond'?
The bail has a 'bail bond' of monetary value. This is another way to prevent you from escaping. If you violate the terms of the bail, this amount will be forfeited. Generally, the court will determine your surety. It will ask to present a "Fixed Deposit Receipt-FDR" of the amount of the amount. If it is not done, then it will have to provide proof of ownership of the value of the security of the amount. It can be jewellery or a motor vehicle.
If you feel that you are suspected of a non-bailable offence, you can apply before the sessions court or the High Court that you should be released immediately as soon as you are arrested. This is called 'advance bail'. Remember that If you are a suspect in a bailable offence, then you do not need to apply for anticipatory bail. It is mandatory for the police to grant you bail anyway.
5. When should I apply for advance bail?
You can give this application if you think you are going to be arrested. It is not necessary that the first information report has been filed against you. First, the court can give a temporary order if it decides that you The benefit of advance bail should be given. After that, he will inform the Public Prosecutor and the police in this regard. After allowing them to be heard, the court can convert this temporary protection into a final order. The court can make any kind of condition in this order. It is, as and when required before the police, to be present, stay away from witnesses and take orders before going out of the country.
6. I have just been arrested, can I get out of jail?
Yes, if the crime charged is of bailable nature then it is mandatory for the policeman to release you on bail if you fill the bail bond. Normally if the offence is not serious or the provision of imprisonment is less than 3 years, the law should make it bailable. It is considered an offence. There is an exception to this rule- Every offence mentioned in the Indian Penal Code is classified as bailable or non-bailable.
You are released from bail only. Being released on bail means that there are limits to your freedom - you can be barred from leaving the country and travelling without permission, and whenever necessary you can be tried in court or Have to appear before the police.
When you have been arrested, you can be released if you sign a 'bond' in which you give a security amount. This amount assures the court that you will be present for the trial. May be required to be bailable (as surety). They have to pay a surety amount if they do not appear before the court. In this way, they are notorious for the court to be present whenever necessary.
2. Who are bailable?
When you go to the court for bail, the court needs an apparent effort to ensure you do not run away. The court may ask you to bring some people to take this responsibility. 'Guarantee' says. Your bailable must be your identity, such as your family or friends. Ideally, I should be from a local place. Bail is not always required for release.
A surety does not always have to be bailable. A person can withdraw from being bailable. You will then have to make someone else bailable instead of that surety. If no one else comes in place of that surety, you will be taken back into custody.
3. What is a 'Bail Bond'?
The bail has a 'bail bond' of monetary value. This is another way to prevent you from escaping. If you violate the terms of the bail, this amount will be forfeited. Generally, the court will determine your surety. It will ask to present a "Fixed Deposit Receipt-FDR" of the amount of the amount. If it is not done, then it will have to provide proof of ownership of the value of the security of the amount. It can be jewellery or a motor vehicle.
- If bail is accepted, such an acceptance may depend on verification. This means that the court will check that the information you have given (in respect of security and property) is true. The police can verify the address of the surety, and can the bank ask if the FDR exists in reality?
- If the bail application is applied, the bail amount will be returned. Similarly, once the trial is over, the bull bond is automatically dismissed, and the amount is returned.
If you feel that you are suspected of a non-bailable offence, you can apply before the sessions court or the High Court that you should be released immediately as soon as you are arrested. This is called 'advance bail'. Remember that If you are a suspect in a bailable offence, then you do not need to apply for anticipatory bail. It is mandatory for the police to grant you bail anyway.
5. When should I apply for advance bail?
You can give this application if you think you are going to be arrested. It is not necessary that the first information report has been filed against you. First, the court can give a temporary order if it decides that you The benefit of advance bail should be given. After that, he will inform the Public Prosecutor and the police in this regard. After allowing them to be heard, the court can convert this temporary protection into a final order. The court can make any kind of condition in this order. It is, as and when required before the police, to be present, stay away from witnesses and take orders before going out of the country.
6. I have just been arrested, can I get out of jail?
Yes, if the crime charged is of bailable nature then it is mandatory for the policeman to release you on bail if you fill the bail bond. Normally if the offence is not serious or the provision of imprisonment is less than 3 years, the law should make it bailable. It is considered an offence. There is an exception to this rule- Every offence mentioned in the Indian Penal Code is classified as bailable or non-bailable.
- If the police do not release you, they have to present themselves to the magistrate within 24 hours. The magistrate will pass an order regarding determining the bail amount so that you can be released.
- If you have been released on bail for a bailable offence and do not comply with the bail conditions, on your next appearance, the magistrate may refuse to give you the benefit of bail.
- The offence is non-bailable. It does not mean that you cannot be released on bail. It means that bail is no longer your right and the court will decide whether or not to give you the benefit of bail. You will appear before the magistrate within 24 hours. You can make a bail application as soon as you appear before the magistrate. The court considers various factors before granting bail, such as whether you need custody, research, whether will you flee the judicial process, whether will you tamper with the evidence or threaten the witnesses, the seriousness of the offence and whether you are likely to commit further crimes.
- When you are presented before the magistrate after arrest, the magistrate once imprisoned you for 14 days.
References
1. https://www.investopedia.com/terms/b/bail-bond.asp
2. https://en.wikipedia.org/wiki/Bail
3. https://legalserviceindia.com/legal/article-5931-law-of-bail-in-india.html
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