What are the provisions related to Bail?
What is Bail?
According to Halsbury’s Laws of England:65
..the effect of granting bail is not to set the defendant (accused) free, but to release him from the custody of law and to entrust him to the custody of his sureties who are bound to produce him to appear at his trial at a specified time and place. The sureties may seize their principal at any time and may discharge themselves by handing him over to the custody of the law and he will then be imprisoned.
Section 2(a) of the Code of Criminal Procedure, 1973 ,Bailable offence means an offence which is shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in force; and “non-bailable offence” means any other offence. It consist two parts, first relates to offences under Indian Penal code and Second one relates to offences under other laws. The second part says that the offence punishable with imprisonment for less than three years or fine only, shall be bailable. Such offences tried by any Magistrate. Bail means the guarantee or sum of money demanded by a law court. Its paid by arrested person on a criminal charges, temporarily released until which time he allowed to go free.
In what cases bail taken (section 436)
When any person arrested or detained for bailable offence by a police officer without warrant, such person released on bail. If such person appears before a court or at any stage of the proceeding before such Court to give bail. Provided that if Court thinks fit, may, if person unable to give surety, discharge him on execution of bond without sureties. Provided further that nothing in this section shall affect the provisions of Sub-Section (3) of section 116 or section 446A.
The amount for bail shall fixed by the Court bearing in mind the financial condition of the accused, nature of offense and the safety of victim or any other person.
A person has failed to execute the bail bond regards the time and place of attendance. Then the Court may refuse to release him on bail. When on a subsequent occasion in the same case he appears before the Court or brought in custody. Then any such refusal without prejudice to the powers of the Court to call upon any person bound by such bond to pay the penalty thereof under section 446.
Maximum period for which an under trial prisoner can be detained (section 436A)
1. Accused person has tried for an offence with punishment upto seven years. The accused shall released by court on his personal bond with or without sureties. If such has under gone detention for a period exceeding or up to one third of the maximum period of punishment for offence.
2. Accused person has tried for an offence with punishment more than seven years. The accused shall released by court on his personal bond with or without sureties. If such has under gone detention for a period exceeding or up to one half of the maximum period of punishment for offence.
Provided that the Court may order the continued detention of accused person for more than one half of the said period or release on bail. The court may make such order after hearing the public prosecutor regards to such detention . He also record the reason for doing so.
Provided further that no such person shall in any case detained during the period of investigation, inquiry or trial for more than the maximum period of imprisonment provided for the said offence under that law.
Special powers of High Court or Court of Session regarding bail (section 439)
A High Court or Court of Session may direct that :
- any accused person and in custody, released on bail. If the offence covered under Sub-Section (3) of section 437. It may impose any condition which it considers necessary for purpose of the section;
- any condition imposed by a Magistrate when releasing any person on bail set aside or modified.
Provided that the High Court or the Court of Session shall give notice of application to public prosecutor. If only such offence of accused triable only by the Court of Session or punishable with life imprisonment.
A Court may direct that any person who has released on bail, arrested and commit him to custody.