Author: Shubhangi Raj, Banasthali Vidyapith
INTRODUCTION TO “WHAT IS BAIL”:
The term ‘bail’ refers to the procedure of obtaining the release of an accused charged with a specific offense by securing his future attendance in court for trial and requiring him to remain within the court’s jurisdiction. Section 2(a) of the Criminal Procedure Code defines only the terms ‘Bailable Offence’ and ‘Non-Bailable Offence’. Section 436-450 of the Criminal Procedure Code contains laws relating to bail and bonds.
Chapter XXXIII of the Code of Criminal Procedure covers bail and bonds. It specifies when bail is the accused’s right, when bail is at the Court’s discretion, under what circumstances said discretion can be exercised, what terms and conditions must be met by the accused, who has been released on bail, and what powers the Court has in the event of the accused failing to comply with the bail order. Along with Chapter XXXIII Sections 436 to 439, another statute dealing with the topic of bail is Section 167 of the Code of Criminal Procedure, sometimes known as “Default Bail”.
KINDS OF BAIL
In general, there are three types of bail:
BAIL IN BAILABLE OFFENCES
Section 436 of the Code of Criminal Procedure governs bail in bailable offences. This clause defines bail as the right of a person accused of committing an offence that is bailable. This clause imposes a mandatory responsibility on police officers and the Court to release the accused on bail if the offence alleged against them is bailable.
BAIL IN NON-BAILABLE OFFENCE
A non-bailable offence is any offence that is not bailable. A person accused of a non-bailable offence does not have the right to bail. A person charged of non-bailable charges can be granted bail if they do not meet the following conditions:
There are reasonable reasons to assume he committed a crime punishable by the death penalty or life imprisonment.
That the accused has committed a cognizable offense and was previously found guilty of an offence punishable by death, life confinement, or imprisonment for seven years or more, or if the accused has been convicted of two or more cognisable and non-bailable offences.
ANTICIPATORY BAIL
This is an immediate order issued by the Sessions or High Court to offer pre-arrest bail to a criminal accused. When a person is concerned about being arrested, they might petition for anticipatory bail. An application for anticipatory bail may sometimes be denied because it alerts an investigating agency to the person’s involvement in a crime.
WHY IS ARVIND KERIWAL ARRESTED?
Lieutenant Governor VK Saxena has called for a CBI investigation into the Delhi Excise Policy 2021-22, following an investigation by Delhi’s chief secretary that found prima facie violations of various acts and rules, as well as “deliberate and gross procedural lapses” to provide “undue benefits” to liquor licence holders. Sisodia heads the excise department.
The LG apparently discovered serious evidence of “financial quid pro quo” at the highest political levels. Sisodia was accused of providing unfair financial benefits to liquor licensees long after the tenders had been won, resulting in massive losses to the government.
Another accusations was that the excise department, in its 8 November 2021 order, revised the procedure for calculating foreign spirits rates and removed the levy of an import pass fee of Rs 50 per case on beer without the approval of the LG or the Cabinet, making it cheaper for retailers and causing a revenue loss to the state. According to the TOI report, the chief secretary discovered flaws in the process of giving licenses for two liquor vending establishments in each ward.
Some of the choices, it was said, were made by Sisodia without proper authority and then attempted to be legalised by obtaining the stamp of a post-facto Cabinet decision. The chief secretary’s report to the LG was reported to be in conformity with Rule 57 of the Transaction of Business Rules 1993, which requires the former to notify any deviation from established processes to the latter and the chief minister. The investigation agencies have made a variety of claims, ranging from breaking government regulations and procedures to money laundering. They have arrested numerous people, including several who are thought to be close to Sisodia and were accused of channelling kickbacks. Dinesh Arora, a businessman who is claimed to be Sisodia’s adviser, has stepped in to approve the case.
The ED summoned Kejriwal nine times during the investigation of the scandal. Kejriwal ignored all of the Ed summons and was arrested on March 21, 2024, following a raid on his house by the Enforcement Directorate. As he was being carried away, fans and Aam Aadmi Party (AAP) members protested outside his home. According to a source, AAP representatives claimed that the Bhartiya Janata Party received 60 crores in protection money in the form of electoral bonds from suspected liquor scam kingpin Sarath Chandra Reddy’s Aurobindo Pharma Limited, which eventually became an approver. Kejriwal was remanded until March 28, 2024, and is in the custody of the Enforcement Directorate. Chief Minister Arvind Kejriwal’s suit against his arrest was denied by the Delhi High Court.
INTERIM BAIL TO DELHI CHIEF MINISTER
On May 10, the Supreme Court ordered him bail in the case until June 1, 2024, allowing him to campaign for the 2024 Indian general election. Kejriwal surrendered to Tihar Jail on June 2, 2024, when his bail expired. A Delhi trial court awarded Kejriwal bail on June 20, but it was stopped by the Delhi High Court on May 21 before he could be released. Kejriwal was questioned for three days before being detained by the Central Bureau of Investigation (CBI) from Tihar Jail on June 26, 2024, and then placed to judicial custody till July 12. On July 12, 2024, the Supreme Court granted Kejriwal temporary release in a money laundering case linked to the alleged excise policy fraud; nevertheless, he remains in Tihar Jail after being arrested by the CBI in a corruption case related to the purported liquor policy scandal.
Kejriwal and his party have categorically disputed the allegations, describing them as politically driven. His detention has ignited a political controversy, with supporters rallying behind him and accusing the central government of abusing its power to seek political opponents. The case is being investigated.
CONCLUSION
Kejriwal has filed petitions contesting the Delhi High Court’s stay on his bail and indicated that he intends to take further legal action. Following his remand, he was scheduled to appear in court on June 29 for further proceedings1. This case is still developing, with continued scrutiny from both legal authorities and the public about the consequences for governance and political accountability in Delhi.
FAQS
What is the importance of Bail?
The ‘Bail’ provision, particularly anticipatory bail, is founded on the legal principle of the “presumption of innocence,” which states that everyone accused of a crime is presumed innocent until proven guilty. This is a fundamental value outlined in Article 11 of the Universal Declaration of Human Rights.
What is the legal position of Bail in Indian legal system?
The term ‘Bail’ is not defined in the Criminal Procedure Code, 1973. Section 2(a) of the Criminal Procedure Code only defines the terms ‘Bailable Offence’ and ‘Non-Bailable Offence’. Section 436-450 of the Criminal Procedure Code contains provisions relating to bail and bail bonds.
References
Criminal Procedure Code, 1973
