Principles Governing Rejection of Regular Bail Application-2: Best Criminal Lawyer Advice in Delhi NCR
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“In the previous write-up we have discussed in detail the roles and involvement of different parties in a criminal case or criminal trial which includes some of the strategies of criminal defense and criminal prosecution. However, over here we shall be discussing in detail the laws which govern the release of the alleged accused person on bail and which squarely govern the criminal justice system in India. We shall also be discussing the legal remedies available to the alleged accused when his/her bail application is rejected including the right to appeal and review.”
Laws Governing Bail Applications in India
1. Bailable and Non-Bailable Offences: Bail is generally available for bailable offences but not for non-bailable offences. A bailable offence is an offence which is shown as bailable in the First Schedule of the Cr.P.C or which is made bailable by any other law for the time being in force. All offences are presumed to be bailable unless they are expressly declared to be non-bailable.
2. Constitution of India: Article 21 of the Indian Constitution states that no person shall be deprived of his life or personal liberty except according to procedure established by law. The Supreme Court has interpreted this article to mean that bail cannot be denied to an accused person unless there are grounds for doing so under some provision of law.
3. Section 437 of the Code of Criminal Procedure 1973: This section deals with when regular bail should be granted by Courts in India. It lays down 6 different conditions when someone can be arrested and sent to jail without bail, they are as follows –
a) When the accused is caught red-handed while committing a cognizable offence punishable with death, imprisonment for life or rigorous imprisonment for a term exceeding seven years;
b) When there appears reasonable grounds for believing that the accused has been guilty of an offence punishable with death, imprisonment for life or rigorous imprisonment for a term exceeding seven years;
c) When there appear reasonable grounds for believing that the accused has been guilty of an offence punishable with imprisonment.
Legal Remedies available when a Bail Application gets Rejected
After the bail application is rejected in India, the accused has the legal remedy of filing an appeal in a higher Court such as high Court or Supreme Court. In the appeal, the accused can argue that the lower Court erred in its decision to reject the bail and present new or additional evidence in support of the bail application. The higher Court can either affirm or reverse the decision of the lower Court. Another option is to file a fresh bail application in the same Court or in a higher Court, presenting new facts or circumstances that may have arisen since the previous bail application was rejected. The accused can also file a writ petition under Article 226 of the Constitution of India, challenging the legality and constitutionality of the order rejecting the bail. It is important to note that the legal remedies available to the accused after the rejection of a bail application can be complex and time-consuming.
Conclusion
It is settled law that regular bail ought to be granted where there are no exceptional circumstances for rejecting it. The principles governing rejection of regular bail under the criminal justice system in India are as follows:
(i) Where the accused is likely to abscond;
(ii) Where the accused is likely to tamper with evidence;
(iii) Where the accused is likely to intimidate or threaten witnesses;
(iv) Where the offence is punishable with death or life imprisonment and the prima facie case against the accused is strong.
These are only a few of the many grounds on which regular bail may be rejected by a Court of law. However, these are some of the most commonly invoked grounds.
Authored By: Adv. Anant Sharma
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