BAIL IN INDIA by Ritika Mongia@LEXCLIQ

“Under the law of Nature , all men are born free , everyone comes into this world with a right 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” ~ Thomas Jefferson

Bail is the legal term for securing the release from prison of a prisoner facing conviction or appeal in return for a bail bond to ensure that he is delivered to the proper legal authority at the appropriate time. The bond, or more generally, the monetary worth of the safeguard known as the bail.

The court with jurisdiction over the case decides the bail bond. A prisoner Cash, land title documents, or other types of protection may be employed as collateral, or a bond between wealthy individuals or a competent bondsman or a bonding firm. Failure of the person released on bail to respect the terms and conditions his or her release, Failure to surrender at the appointed time resulted in loss of the prize. In short we can say that Bail is a post-arrest remedy aimed at obtaining the defendant’s release.

RESEARCH METHODOLOGY

This review only covered secondary sources and doctrinal studies, secondary sources containing books, papers and journal reviews, many blogs, and multimedia materials.

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.

However, any crime persistence is centered on the premise that guilt at first sight, and the guilty again presume cleanliness. Bail satisfies the demand for purity inference. Meanwhile, parole requirements, such as appearing in court on a predetermined date and period, fulfil the demand for all representations presumption of blame against the denounced. 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 items.

Subject Matter Explanation

In order to perform a detailed review of bail, related laws and legislation. I sought to review the various provisions of the Code of Criminal Procedure , 1973. Sections 389, 436, 437, and 438 comprise the applicable provisions.

Section 389: Suspension of sentence of convicted person, when his application of appeal is pending and release him on bail, when he is incarcerated.

When an application for appeal is pending of a convicted person, the appellate court may suspend the execution of sentence and release him on bail, if he is incarcerated.

Where the conviction is of offence whose punishment is death, life imprisonment for a term greater than 10 years, the appellate court before releasing him on bail provide an opportunity to show cause in writing to public prosecutor shall be empowered to appeal for cancellation of such bail.

The force below Section 389 shall be exercisable by the high court, if the same authority is wielded by the subordinate court.

The court after being satisfied release convicted person on bail, if he wants to present an appeal, unless special reasons is more compelling to refuse bail.

The period during which an appellant sentence was suspended shall be computed, if he is ultimately sentenced.

 

Ritika mongia

Hello everyone! I Ritika Mongia, pursuing B.A.LLB. from Invertis University, Bareilly.

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