Bail in india by Manvi Singh @LEXCLIQ

Under the law of nature,all men are born free everyone comes into this world with a rights of his own person which includes the liberty of moving and using it at his own will.This is what is called personal liberty and is given by Author of nature because necessary for his own sustenance.Bail is the legal term for securing the release form prison of a prisoner facing conviction or appeals in return for a bail bond to ensure that he is delieved to the proper legal authority at the appropriate time.

The court with Jurisdiction over the case decides the bail bond.A prisoner cash ,land title documents, or other type of protection may be employed as collateral or bond between wealthy individual or a competent bonds man or a bonding film.

OBJECT AND PURPOSES OF BAIL : 

To avoid the repetition of the crime or to ensure his presence in the proceedings is the matter of holding a convicted party in detention prior to or in the trial . Any Crime persistence is centred on the premises that guilt at first sight , and the guilty again presume cleanliness.Bail satisfy the demand for purity interference.There are a variety of reasons for granting bail.This may be for making an appearance in front of a judge, demonstrating improvement,awaiting reference or modification or presenting evidence,among other times.

EXPLANATION : 

Section 389 of the crpc 1973 corresponds to section 426 of the code. Section 389 applies only to convicted person whereas Section 436,section 437,section 438 applies under trial.

In vasant tukaram pawar v/s state of maharashtra ,convicted person cannot claim bail as a matter of right in Section 436 regardless of offences being bailable or non bailable and bail should be given after scrutiny of judgement as well as the accused hearing.It is mandatory to record reasons for granting bail and refusal needs not be recognized.

SECTION 436 : IN WANT CASES THE BAIL NEED TO BE TAKEN : 

When any person accused of bailable offence  is arrested by the police officer without warrant issued by the court and such arrested person is ready to give bail bond he shall be released on bail.

SECTION 436 OF THE CODE CORRESPONDS TO SECTION 496 OF THE CODE : 

A Person is said to be admitted to bail when he is released form custody of the officers of law and entrusted to private custody of person called his bail.In general term, we can say that bail is transfer of custody of accused person from the state machinery to the private intermediaries . There are various procedure through which the presence of accused is assured at the trial,these are only personal recognizance, suretyship bond etc

GURUBAKSH SINGH SIBBIYA V/S STATE OF PUNJAB :

The existence of a surety is not needed in the case of a bailable offence,personal recognizance is sufficient to release the accused . Bail application field after conviction under 389 can’t be claimed as a matter of right irrespective of fact that offence is bailable on non bailable crimes  court should take a lenient view in releasing poor infirm young or women and should release them on recognizance.

GROUNDS FOR BAIL : 

Section 438 is a methodological enactment under CrPc and its deals with characteristics freedom of an individual who is authorized to claim non guilty because he is not on the date of application to avail the provision of the Section 438 convicted for offence on which he seeks bail.The person applying for bail should make clear that he has reasons to believe that he may be apprehended in a non bailable offence.

WRITTEN BY MANVI SINGH…

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