Bail means a temporary release of an accused where court is not announced the final verdict. The real meaning of bail is a security deposited to appear before the court for release. Accused has to present a bail bond to the court and then only bail can be granted.
The purpose of arrest is to make sure that the accused should not flee from justice and their appearance must be marked in the court of law. However, the liberty of a person issacrosanctas per our constitution. Therefore, the provision of bail is incorporated in our judicial system, so that it must not violate person’s liberty.
Types of bail in India:
There are three types of bail in India:-
1. Regular Bail
2. Interim Bail
3. Anticipatory Bail
A person who has already been arrested can file a bail application U/S 437 and 439 of Code of Criminal Procedure (CrPC) 1973. The court can grant bail as per their discretion.
As name suggests this bail can be given for a shorter period of time.
A person who is having apprehension that he may be arrested by police for non-boilable crime, he/she can file anticipatory bail. Under this provision. Person cannot be arrested by the police if Anticipatory Bail granted.
How to Apply For Bail:
Person can hire criminal lawyer so that his criminal litigation lawyer can file bail application and advise him on a criminal law.
When a person goes to jail for a crime, the order from the court or the police to get that person out of jail is called bail or bail. Before applying for Bail, it is necessary to know what has happened and what are the bail provisions related to it. According to the law, there are two types of crimes. These are bailable and non-bailable offenses.
Bailable offenses include assault, intimidation, death due to negligence, reckless driving. The Criminal Procedure Code (CrPC) contains a complete list. These are cases in which there is a sentence of three years or less. Under Section 436 of CrPC, bail is granted by the court in a bailable offense. Under certain circumstances, there is also a provision to grant bail from the police station under Section 169 of the CrPC. On arrest, the officer-in-charge of the police can bail the accused after getting the bail bond filled.
Non-bailable offenses include rape, kidnapping, robbery, murder, attempted murder, non-intentional murder, kidnapping for ransom. In such cases, facts are presented before the court and then the court decides on bail. When a person commits a non-bailable offense, the matter goes to the Magistrate. If the magistrate feels that there can be a sentence of death or life imprisonment in the case then he does not give bail. But in a case with a lesser punishment provision, the Metropolitan Magistrate Court can grant bail on the merit of the case. It is to be noted that the Sessions court can accept Bail’s application in any case. In the Session court, if a bail application is made by resorting to the exception of Section-437 of CrPC in a case with provision of life imprisonment or death sentence, then bail can be obtained on that basis.
In a Regular Bail when the case is pending in the trial court against an accused, during that time the accused can seek bail from the court under Section-439 of CrPC. Here, the trial court or High Court gives its decision on the basis of the case. Under this section, the accused is granted regular bail or interim bail. For this, the court gets the accused charged and the accused has to follow the instructions given by the court during the bail.
How to get bail (Process of Bail)
- If an accused person is under trial and is in jail, he has spent half or more than half the time in jail for the charge imposed on him, then the accused person has been booked under Section 436 (A) of CrPC Can appeal for bail in the court.
- In case of non-filing of charge sheet by police-
- if the police do not file the charge sheet in time, the accused can be granted bail by the court, no matter how serious the case. It is mandatory for the police to file a charge sheet within 90 days from the day of arrest of the accused.
- If the accused can be sentenced to less than 10 years, then in this situation, it is mandatory for the police to file the charge sheet within 60 days.
It is always advisable to an accused person to hire an experienced, trust-worthy & honest lawyer for his bail matter. Our team of lawyers at Legalmax is trust worthy and capable of representing their client with loyalty and honesty. Anyone can contact us directly through the number reflecting on our website for his bail matter. We are always at the service of our client and assure them success ahead in their case.