In general, the time period bail manner the transient launch of an accused man or woman on a transient basis. As the term bail has been derived from the French phrase bailer this means that to supply or to give. The term bail has been used for an extended time. As described within the oxford dictionary bail is the absolution of an accused man or woman briefly looking ahead to the trial or a amount of money is lodged via way of means of the accused man or woman as a assure for his look in the court.
The provisions concerning the bail and bonds were designated from section 436 to 450 of the Criminal Procedure Code. These provisions envisaged withinside the code offers the quick concerning the provisions of the bail. The idea of bail is that it acts as protection lodged via way of means of the accused man or woman on the premise of which he may be launched on a transient basis however wishes to seem in court on every occasion required via way of means of the courtroom . The procedure of bail takes vicinity even as the trial of the accused man or woman continues to be pending. Generally, someone seeks this feature so that it will get himself launched from the police custody. The procedure of bail is a valid procedure.
The primary aim at the back of arresting and detaining someone at the back of the prison is that after the accused is needed with the aid of using the court at some point of the trial he need to seem in courtroom for the trial. The system of bail is a complicated mechanism, it’s far taken into consideration to be very sensitive and conflicting on the identical time. The cause it’s far very sensitive is that an accused seeks for bail while the trial is pending within the court and it can’t be stated that the accused is harmless or culprit.
Sometimes while the bail isn’t granted to the accused individual it is able to curtail the freedom of the harmless accused or at the same time as granting bail may also bring about giving extra-liberty and freedom to the real culprit. It is a complete assertion utilized in standard that an accused individual may also get away his crimes however an harmless shall now no longer pay the charge of a few different individual’s deed. Based in this ideology the code of crook manner has bifurcated the offences into categories.
Types of offences
- Bailable offence
- Non-bailable offence
The bailable offence is the type of offence in which an accused person is granted bail. This type of offences is generally punishable by the court with less than three years of imprisonment. In the case of bailable offence the chances of getting bail are much higher.
Under section 2(a) of the code, the term bailable offence has been described as the offence which has been specified in the first schedule of the code or if the offence is considered to be bailable by the law in force during the time.
The non-bailable offence is the type of offence for which an accused person is not entitled to get bail. These are the offences which are non-bailable nature and are not shown as bailable under the first schedule of the code. These offences are grievous in nature when compared to bailable offences. In the case of non-bailable offences the punishment is three years or more.
Under section 438 of the code, it’s been said that the time period anticipatory bail may be understood thru the expression anticipatory. Anticipatory bail is the bail granted with the aid of using the courtroom docket in anticipation of the arrest. When this bail is granted to someone it guarantees that during case if the character is arrested in the close to destiny then such character will be launched in this anticipatory bail. No questions may be raised on the discharge until the character executing this bail is arrested and consequently it completely relies upon upon the arrest that the order granting such bail turns into operative. The following provision of section 438 of the code turned into encouraged with the aid of using the regulation commission. On its forty eighth report, they expressed their observations concerning the availability of anticipatory bail and said that such provision is a beneficial addition to the code however it need to be utilized in awesome or top notch instances only.
Section 438 of the code runs as follows:
When any person having the reasonable apprehension that he may be accused of committing the offence of non-bailable nature then such person can apply for anticipatory bail in the high court or the sessions court. The role of the court having competent jurisdiction shall give him direction under section 438 of the code that during the time when he gets arrested he shall be released on bail after taking into consideration the following conditions shall accept or reject the application filed for anticipatory bail by the person getting arrested.
Following are the factors:
- The accusation made shall be grave and serious
- Likelihood of the applicant to flee or abscond from justice
- When the accusation is made with the intention of humiliating or injuring the person by making him arrested through that accusation.
It may be concluded that the idea of bail is that it acts as protection lodged with the aid of using the accused individual on the idea of which he may be launched on a brief foundation however desires to seem in court each time required with the aid of using the court. The procedure of bail takes area even as the trial of the accused individual remains pending. Generally, someone seeks this feature a good way to get himself launched from police custody. These provisions envisaged in the code offers the short concerning the provisions of the bail. The procedure of bail is a valid procedure.