TYPES OF BAIL
Introduction
The term “bail” may be traced back to the old French word “Baillier”. Its true meaning is to deliver or hand over. The term “bail” is not defined in India’s Criminal Procedure Code, 1973 (CrPC). Black’s Law Dictionary describes bail as a security such as money or bond, especially required by a court for the release of a prisoner who must appear at a future date. In the case of Kamlapati v. State of West Bengal (1978), the Supreme Court defined bail as a mechanism that is established for attaining the synthesis of two essential conceptions of human worth, namely, the right of an accused to personal freedom and the public interest in which a person’s release is conditional on the surety producing the accused person in court to stand trial.
Bail is like a release of a person from legal Custody
There are some legal Status of Bail
Let’s discuss it on the following ways
- Article 21 of the Indian constitution
- Section 438 of Code of Criminal Procedure, 1973
- Article 11 of the Universal Declaration of Human Rights
Article 21 of the Indian constitution: Article 21 gives everyone the right to life and personal liberty. It provides the fundamental right to live with human dignity and personal freedom, which entitles us to seek bail when detained by any law enforcement entity.
Section 438 of Code of Criminal Procedure, 1973: Section 438 of the CrPC clearly states that anticipatory bail is only granted in case of non-bailable offences. The term bail is not defined in the CrPC. Section 2(a) only defines the terms “Bailable Offence” and “Non-Bailable Offence”. It is based on the proposal of the Law Commission of India in its 41st Report, which suggested the inclusion of an anticipatory bail provision.
Article 11 of the Universal Declaration of Human Rights: Bail, particularly anticipatory bail, is founded on the legal concept of presumption of innocence, which states that everyone accused of a crime is presumed innocent until proven guilty. This is a fundamental value established in Article 11 of the Universal Declaration of Human Rights.
CLASSIFICATION OF OFFENCE OF BAIL
Bailable offence
Non bailable offence
Under the Crpc
2(a) discuss and defines about the bailable offence
Under it, Section. 436 of crpc
Bailable offences are light in nature as comparison to the Non Bailable offences
Under the CrPc
Sec 437&439 of crpc
Now let’s define Bailable and non bailable offences under the following ways
BAILABLE OFFENCE
Bailable Offence: Section 2(a) of the Code of Criminal Procedure defines bailable offences. An offence that is categorised as bailable is referred to as a bailable offence. In the event of such an offence, bail can be awarded as a matter of law
Under Section 436 of the CrPC when such prerequisites have been satisfied. In the case of bailable offences, the police may grant bail to the offender at the moment of arrest or detention
A bailable offense is a civil/criminal offense for which a court of law grants bail to the accused on a condition to submit a bail bond
Bailable offences are considered less serious in nature.
Some of the common bailable offences are: Simple Hurt (Section 337; IPC), Bribery (Section 171E; IPC), Public Nuisance (Section 290; IPC), Death by Rash or Negligent Act (Section 304A; IPC).
NON BAILABLE OFFENCE
A non-bailable offence is one in which bail cannot be granted as a matter of right unless ordered by a competent court. In such instances, the accused may seek bail
Under Sections 437 and Section 439 of the Criminal Procedure Code of 1973. These are serious offences, as opposed to bailable offences. In the event of non-bailable offences, the penalty is three years or more.
Non- Bailable offences are considered more serious / heinous in nature.
Examples of non-bailable offences include rape, murder, human trafficking, kidnapping, counterfeiting, and terrorism.
CLASSIFICATION OF BAIL
There are several kind of bail but it’s depend upon the criminal proceedings that how the case would be regard as the
But in general way we can say there are mainly four kinds of Bail
Which we discuss under the following ways before we start discussing of several kind of Bail
Let’s know about them in short first
- REGULAR BAIL
- INTERIM BAIL
- ANTICIPATORY BAIL
- STATUTORY BAIL
Regular Bail: Regular bail is frequently issued to an individual who has previously been arrested and detained by police. The accused has the right to be freed from such confinement under Section 437 and Section 439 of the CrPC. So, a regular bail is simply the release of an accused from jail to ensure his attendance at the trial.
Interim Bail: Interim bail is bail issued for a short period. Interim bail is granted to an accused before the hearing for regular or anticipatory bail.
Anticipatory Bail: If a person suspects that he may be arrested for a non-bailable offence, he may petition for anticipatory bail. In recent years, this has become an important problem because corporate competitors and other prominent persons sometimes seek to frame their opponents with fake charges. It’s similar to obtaining advance bail under Section 438 of the CrPC. A bail under Section 438 may be bail before arrest, and an individual cannot be arrested by the police if the court has granted anticipatory bail.
Statutory Bail: The remedy of statutory bail, also known as default bail, is distinct from bail obtained in the ordinary procedure under CrPC Sections 437, 438, and 439. As the name implies, statutory bail is given when the police or investigating agency fails to file its report/complaint within a certain time frame.
As,we have above discuss about the bail
Now we need to understand how we can actually file any bail either regular,interim or anticipatory
Actually it’s depends upon the what kind of case it that
But if we say it in Legal language there is a proper schedule for how a person can apply for the bail
Under it Bail Bond plays a crucial role in it
Now before we start discussing about the bail bond we need to understand first
HOW CAN WE APPLY FOR THE BAIL??
To apply for bail, the accused must sign a bail bond, which is a legal instrument, and provide the sum stated in the bail bond. There must also be two sureties who take the accused’s promise that the accused will appear in court or at the police station whenever he is required to be present for the investigation of the court proceedings.
As we above discussed about it
Now let’s deal with the Bail Bond concept
Actually it is a bond or can say it is an agreement whereby the accused to appear in a court
An agreement by a criminal defendant to appear for trial or pay a sum of money set by the court.
The bail bond is co-signed by a bail bondsman, who charges the prisoner a fee in exchange for obtaining the ransom.
Regular bail
Regular bail is the legal mechanism by which a court can order the release of someone in detention on suspicion of committing an offence, generally on the condition that the person does not leave or otherwise hinder the course of justice. These requirements may require the execution of a “personal bond” or a court may compel the execution of a bond with sureties. When a person is detained on suspicion of committing a bailable offence, bail becomes a right, and the person may be released in accordance with the procedures outlined in Section 436 CrPC. Whereas when a person is taken to prison on suspicion of committing a non-bailable offence, bail is discretionary, and the individual may be freed only if a good case is made out.
Section 437 applies to bail petitions submitted in magistrates’ courts, whereas Section 439 applies to bail applications filed in courts of Session or a High Court. The granting or rejection of ordinary bail is an exercise of judicial discretion governed mostly by norms and a few bright-line regulations, as provided in Section 437 of the CrPC
INTERIM BAIL
Interim bail is a temporary bail issued by the court while any application is ongoing or until an anticipatory bail or regular bail application is heard by the court. It is issued as per the requirements of the case. The interim bail time can be prolonged, but if the accused person fails to pay the court for confirmation and/or continuation of the interim bail, his freedom will be lost, and he will be put in jail, or a warrant will be issued against him.
This is not the same as anticipatory bail, which is given while the bail application is pending. Interim bail can only aid accused people who believe they have been falsely accused of a crime and wish to get out of jail or on bail as quickly as feasible. Interim bail does not have a separate Section in CrPC, but the same restrictions apply in this instance as well.
ANTICIPATORY BAIL
Section 438 of the Criminal Procedure Code of 1973 provides for anticipatory bail in Indian criminal law. The Law Commission of India, in its 41st Report, brought out the importance of adopting a provision in the Code of Criminal Procedure enabling the High Court and the Court of Sessions to give “anticipatory bail.” This Section permits a person to request bail in advance of an arrest on suspicion of a non-bailable offence. The primary goal of including this Section was to ensure that no one was imprisoned in any form until and unless found guilty.
If a person has reason to believe that he may be arrested on suspicion of committing a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this Section that, in the event of such an arrest, he shall be released on bail, and the court shall grant him anticipatory bail
Statutory bail
This type of bail is also known as mandatory bail or default bail. This is a right to bail that arises when the police fail to finish an investigation in respect of a person in judicial custody within a certain time frame. It is codified in Section 167(2) of the CrPC. In Bikramjit Singh v. State of Punjab (2020), the Supreme Court held that an accused has an inalienable right to “default bail” if he applies after the stipulated term for investigation of an offence has expired but before a charge sheet is submitted
Conclusion
In conclusion, the right to life and personal liberty is just too important to be ignored. The Indian judicial and legal systems have frequently emphasised the significance of such unalienable rights of persons, notably in the circumstances of bail approval and denial. The courts must be mindful, though, that dishonest litigants and people must be dealt with brutally when they exploit and abuse judicial tools. The law unquestionably helps and supports the upright, but it cannot be employed to further or carry out a deceptive plot.
Author: MAYANK KUMAR, a Student of UNIVERSITY LAW COLLEGE ,HAZARIBAGH,VBU
