Grant of Bail in India | Criminal Attorney in Delhi NCR | Criminal Lawyer in Delhi NCR |
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It is important to doubt first and then prove but the presumption of the innocence is also necessary and with this thought, the provision of granting bail was introduced. The granting of bail has proven as a remedy to save the innocent man from spending time in jail before his trial and also allows him to enhance his case preparation. Bail can be given by the officer-in-charge of the police station or the police who is investigating. Section 170 of the Code of Criminal Procedure (Cr. P.C.) of 1973 confers authority to offer bail. As far as the bail procedure continues, the officer-in-charge should be given the accused person’s name, birthplace, date of birth, residential address, profession, address of the family, charges filed against him etc. by the suspect arrested. The officer-in-charge can also review the past record of the suspect arrested and also invite his fingerprints to file a case against him. The police headquarters where the suspect arrested is taken is the one which will exercise jurisdiction over the world where the suspect resides during this case one must seek a criminal lawyer.
Bail in case of a Bailable Offence: Here we see that, if a suspect is to urge bail during a bailable offence, then the suspect arrested has to submit Form-45 in the Second Schedule (Section 476). Bond and bail for Attendance before the officer responsible of police station or Court (Sections 436, [436A], 437 [437A], 438(3) and 441). The suspect arrested must submit this Form-45 before the Court where his case is being heard. However, the bail cannot be granted without the Court’s approval. The grant of Bail is a right which is available to the accused and this maybe either be given by the police officer who has the custody of the accused or by the Court under whose jurisdiction the offence falls. On executing a “Bail Bond”, the accused could be released on bail, with or without furnishing sureties. The bail consists of certain terms and conditions like – the accused cannot leave the territorial jurisdiction of the state without the permission of the Court or the police officer, the accused shall give his presence before the police officer whenever he is required to do so, etc.
Bail in case of a Non-Bailable Offence: In this case, the suspect arrested is accused of committing a non-bailable offence. The accused again needs to submit the Form-45 in the Second Schedule, before the Court where his case is being heard, but the granting of bail merely depends on the discretion of Court.
A crime in which the grant of Bail is not a matter of right but, the accused has got to seek the permission of the Court, and upon the discretion of the Court based on facts, bail is granted. The Court generally refuses the Bail if the “Bail Bond” has been duly executed or if the offence committed is of grave nature, which imposes death punishment or life time imprisonment, like murder, rape etc. or in cases where the accused has tempted to abscond, prevent his arrest by hiding and also, when his credentials are doubtful.
The application for bail has to be presented before the Magistrate, who is conducting the trial. the application that had been filed is usually listed on the next day, when the application will be heard and therefore the accused also will be presented in the Court by the police where the Magistrate may pass such orders as he thinks fit.
Payment of Bail Amount: The accused has to deposit specific amount of cash to urge bail and this is often based on the discretion of the Court. However, in Criminal cases with lower gravity, a typical amount is set by convention and practice which must be deposited for awarding bail.
The question “when can bail be denied” can simply be answered by following the most recent case of Activist Stan Swamy as his bail was rejected by the National Investigation Agency (NIA) under the Unlawful Activities (Prevention) Act for his alleged role in the 2018 Bhima Koregaon violence and links to the Communist Party of India (Maoist). Stan Swamy, a Jesuit priest and activist of 83 years old was arrested from Ranchi on October, 2020. He is still lodged at the Taloja Central Jail in Navi Mumbai. Consistent with his lawyers, Swamy was affected by Parkinson’s disease so he has lost the power to listen to, almost deaf and he also suffers from other ailments. The rationale for NIA to oppose Swamy’s bail plea was because it had been revealed that Swamy was a staunch supporter of organizations like ‘Vistapan Virodhi Jan Vikas Andolan’ and People’s Union for Civil Liberties’, which were working as “fronts of the CPI (Moaist)”. Swamy’s lawyer, Sharif Shaikh had also argued that the NIA did not establish Swamy’s connection to the Elgar Parishad-Moaists links case.
In another criminal case Smt. Vasnthus Sumalatha vs. State of Andhra Pradesh (W.P. Nos. 6510 of 2015nd batch) dated 29/09/2015. it was stated that the detenu was granted bail in four of the six cases, and though he was enlarged on bail in four crimes, he still did not mend his ways and continued with his illegal activities and it could not be said that there was deliberate suppression of important information, that is, granting of bail during a few crimes.
Obtaining a bail is a particularly important step for an accused person in the criminal justice system which is to be handled with utmost care. If an individual is arrested, the primary and therefore the most vital step for a person should be to prepare a strong criminal defense and explore the options to obtain bail.
Authored By: Adv. Anant Sharma & Anugraha Sundas