Sunday, 4 October 2015

WHAT IS BAIL ?

    BAIL : Bail is a kind of property deposition to court so that suspect can be released during trail. Bail can be either Anticipatory bail or Regular bail.

    In India granting bail is common but bail may not be offered by some courts under some circumstances, for instance, if the accused is considered likely not to appear for trial regardless of bail. Legislatures may also set out certain crimes to be not bailable, such as capital crimes.

    Anticipatory bail (AB) : Indian criminal law under section 438 has provision for for anticipatory bail. Anyone can seek bail in anticipation of an arrest on accusation of having committed a non-bailable offence. AB is a directive to release a person on bail even before the arrested. In simple words AB is bail in advance or before arrest. The applicant must show by facts and events that he believe, he may be arrested for a non-bailable offence. AB is not blanket order, it is specific for a particular offence. And a few conditions can be imposed as per the facts by magistrate.
   
    When someone seek AB the opposite part get notification about application and party has right to contest or public prosecutor can do the same.
    
    Anticipatory Bail can be granted by Sessions Courts,High Courts and Supreme Court. AB is valid as long as it is not cancelled or till the end of trial.

    Regular bail of Bail (RB) : Regular bail is property deposited to a court so that suspect can be release from jail, with the condition that the suspect will return for trial.


    A few important points about Bail
  • SC says AB is valid till the end of trial and there is no need of regular bail.
  • AB can be accepted by Session or High Courts.
  • Once AB is accepted it is necessary to fill bail bonds.
  • Once Charge-sheet is submitted, court can ask for a fresh application to grant Regular bail. That time the best will be convert AB into regular bail otherwise magistrate can send the person into Judicial custody (although SC judgment says AB is valid till the end of trial and there is no need of Regular Bail but practically magistrate ask).
  • RB is normally accepted after AB.

NOTE : SC and HC's have various self contradictory views, intricacies will differ from case to case and for any specific case members are always welcome to attend local chapter meetings.


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GURSHARN SINGH
DAMAN WELFARE SOCIETY
www.daman4men.in