What is Bail?
Bail, in general, refers to the temporary release of a suspect in any criminal
offence pending court proceedings after posting the required bail bond. It
becomes applicable following the arrest and goes into effect immediately. Any
action or inaction that is currently illegal and subject to punishment is
considered a crime.
When a suspect is apprehended, his statement is recorded
together with personal details such his name, birthplace, current address, date
of birth, profession, family address, mobile number, and the accusations that
have been brought against him. In order to file a case against the accused, the
police officer may also review the accused's fingerprints and, if there is any,
review his prior criminal history at the police station.
Bail is a provisional release of an accused person who is in jail, but the crime
has not been proven against him. There are three kinds of bail, and as per the
requirement, the bail application is filed before the court:
- Regular Bail: The provisions of regular bail is explained under Section 437 and Section 439 of the Indian Penal Code, to grant bail to the person in police custody.
- Anticipatory bail: Anticipatory bail can be granted only by a Session Court or High Court under the provision of Section 438 of CrPC. When a person is apprehending that he can get arrested for a non-bailable offence, can apply for anticipatory bail.
- Interim Bail: Interim bail is bail for a short period, before granting regular bail. For example, there is a requirement where on the humanitarian ground the court allows the accused to be free from police custody, the interim bail is granted for a limited period.
Bail is a rule, jail is an exception
|Under Sections 437 and 439 of the Cr.PC, a person
who has been arrested and is being held in custody may be released on a
According to the law, if a person is detained by a police officer without a
warrant for a non-bailable offence or if there are grounds to suspect that
the evidence against the person is insufficient to establish that the person
has committed any non-bailable violation, the person may be released. If he
appears in a court other than the Court of Sessions or the High Court, this
must be done.
Even so, this person cannot be released on bond if there are grounds to
suspect that he is responsible for any crime carrying a death or life
sentence or if he has previously been found guilty of a crime carrying a
The court has the authority to impose any conditions it deems appropriate
under Section 437(3) of the CrPC.
It also states that if the High Court grants bail after notifying the public
prosecutor, any conditions the Magistrate imposes may be overturned. In this
instance, bail should be offered if the offence carries a life sentence and
can only be prosecuted by the Court of Sessions.
|Interim bail is offered prior to the process of
granting normal bail or anticipatory bail. It is granted for a little time.
This is because the High Court or Court of Session must wait for paperwork
from lower courts to be sent, which adds time to the process of granting
bail. Therefore, provisional bail is offered for the time being.
If the interim bail expires, the individual to whom it was given must be
sent back in custody. The interim bail might be extended.
|In accordance with Section 438 of the Criminal
Procedure Code, everyone anticipating an arrest is given instructions.
It states that anyone who believes they will be arrested after being accused
of a crime for which there is no provision for anticipatory bail may apply.
Either the High Court or the Court of Sessions must receive an application.
Detaining a person and violating his fundamental right to liberty is immoral and
goes against the fundamentals of natural justice unless there is some compelling
evidence to support continuous detention during the pre-trial stage of the
investigation. The balance between an individual's freedom and the interests of
welfare has also come to be a major concern due to the growing emphasis on and
concern for the preservation of human rights.
Detention of the accused is thus against his fundamental right to liberty under
Article 21 of the Indian Constitution unless there are certain rational reasons
such as chances of the accused leaving, where the police cannot access or may
tamper with the evidence or influence the witnesses.