Right to bail and discretion of courts in granting bail by Rusha Mukherjee at Lexcliq

Object and meaning of bail
The object of arrest and detention of the accused person is primarily to secure his appearance at the time of trial and to ensure that in case he is found guilty he’s available to receive the sentence. The release on Bail is crucial to the accused as the consequences of pre trial detention are given if release on bail is denied to the accused, it would mean that do he is presumed to be innocent till the guilt is proved beyond reasonable doubt he would be subjected to the psychological and physical deprivations of their life where a person is accused of a serious crime and is likely to be convicted and punished severely for such crime he would be prone to abscond to avoid trial and consequential sentence . The legislature in its wisdom has given some precise directions for granting or not granting bail there is no definition of bill in the code although the terms bailable offence and non bailable offence has been defined bill has been defined as no law lexicon as the security for the appearance of the accused person on giving which he is release pending trial our investigation.
circumstances in which release on bail is imperative
A dot cases other than those of non bailable offence – section 436 provides that when a person not accused of a non bailable offence is arrested or detained he can as of right claimed to be released on bail the section covers all cases of person accused of bailable offences, cases of persons do not accused of any offence but against whom security proceedings have been initiated under chapter eight of the code, an all of the cases of arrest and detention which are not in respect of any non bailable offence
Right to be released on bail if investigations are not completed within the prescribed number of days where an accused is arrested and detained in custody by the police during investigation and it appears that the investigation cannot be completed within 24 hours as fixed by section 57 the accused person must be forwarded to the judicial magistrate. In cases where investigations cannot be completed within 24 hours and no judicial magistrate is available then according to section 167 the arrested accused person can be produced before an executive magistrate who may order the detention of the accused in custody for a term not exceeding seven days in the aggregate
No reasonable grounds for believing the accused guilty of a non bailable offence but sufficient grounds for further inquiry – when there are no reasonable grounds to believe that the accused was involved in the Commission of a non bailable offence the accused shall be released on bail under section 436 a somewhat similar situation is contemplated by section 437 subsection 2
Triel not concluded within 60 days if in any case triable by a magistrate the trial of a person accused of any non bailable offence is not concluded within a period of 60 days from the date first fixed for taking the whole evidence such person shall if he is in custody during the whole of the seat. We released on bail to the satisfaction of the magistrate unless for reasons to be recorded in writing the magistrate otherwise directs has given under section 437
Really is on bail after conclusion of the trial but before judgement is delivered if at anytime after the conclusion of the trial of a person accused of a non bailable offence and before judgement is really word the court is of the opinion that there are reasonable grounds for believing that the accused is not guilty of any such offence it should release the used if he is in custody on the execution by him of a bond without securities for his appearance to hear judgement delivers under section 437
• Discretion in granting bail in cases of non bailable offence – when any person accused of a suspected of Commission of any non bailable offence is arrested or detained without warrant by an officer in charge of a police station are appears or is brought before the court other than the High Court or the court of session he may be released on bail the word may in the above provision clearly indicates that a police officer of the court has got discretion in granting bail however there are certain principles which should guide the police officers and the court in the exercise of this discretion it should be noted at the outset that the object of detention pending criminal proceedings is not punishment and that the law fevers allowance of pale which is the rule and refusal is the exception .While considering the question of bail In case of a non bailable offence there cannot be any rigid rules however the code scan for their guidance look at the following cases
• The enormity of the charge
• The nature of the accusation
• the severity of the punishment which the conviction will entail
• The nature of the evidence in support of the accusation
• The danger of the accused persons absconding if he is released on bail next time the danger of witnesses being tampered with
• The protracted nature of the trial
• Opportunity to the applicant for preparation of his defence and access to his counsel
• The health, age, sex of the accused
• The nature and gravity of the circumstances in which the offences committed
• The position and status of the accused with reference to the victim and witnesses
• The probability of accused committing more offences if released on bail
• Interest of society

By Rusha Mukherjee

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