Saturday, 4 June 2022

Bail

 Bail

Bail refers to the provisional release of an accused in a criminal case when the court has yet to rule. The term 'bail' refers to a monetary deposit made in order to appear before a judge for release. The term bailer comes from an old French verb that meaning "to bestow" or "to deliver." After delivering a bail bond to the court, an accused is given a ball.

The fundamental goal of an arrest is to guarantee that the defendant in a criminal case arrives in court to receive justice. However, violating a person's liberty would be unfair and unjust if the person's presence for the court trial could be secured without incarceration. As a result, bail can be used.

Bail is a type of security offered to the court by the accused that he would appear in court to face the charges levelled against him, and it includes personal bonds and bail bonds. Bail is a legal instrument that ensures that the accused appears in court. The police and the courts are the two agencies that can grant bail. The primary goal of bail is to guarantee that the accused appears in court for his or her trial. The objective of bail is to guarantee that an accused person appears in court when necessary, however in some instances, bail is not required. The essential rules for granting or denying bail can be described as follows:

Bailable and non-bailable offences are the only two types of offences.

In the case of bailable offences, the accused has the right to request and be granted bail under section 436 CRPC. In situations involving non-bailable offences, section 437 CrPc establishes certain fundamental factors for the judge to consider while granting or denying bail. The nature of the offence, prior criminal histories, and probability of guilt are only a few of the criteria. In circumstances when there is a fear of arrest, Section 438 CRPC deals with anticipatory bail.

The Supreme Court decided in Free Legal Aid Committee, Jamshedpur vs. State of Bihar that if the magistrate has granted bail, the accused does not need to seek bail from the court of sessions. In the case of Haji Mohamed Wasim v. State of Uttar Pradesh before the Allahabad High Court, the legitimacy of bail issued by police personnel was called into doubt. In this case, the accused chose not to appear in court after being granted bail by the police. As a result, the trial court issued a non-bailable warrant, which the accused then appealed under section 482. As a result, the court determined that he must seek new bail from the trial court.

Bail granted by the police

The ability of a police officer to release a person on bail who has been charged with a crime and is in his custody is divided into two categories:

When an arrest is made without a warrant, and when a warrant is issued, the arrest is made. Sections 42, 43, 56, 59, 169, 170, 436, 437, and Schedule I Column 5 of the Code provide police officers the authority to grant bail.

Directions endorsed under Section 71 of the Code limit the police's ability to issue bail under the head.


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