What is conditional bail in Indian law?

Asked by: Dr. Daryl Kerluke V  |  Last update: July 1, 2022
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on bail, a bond shall be executed by such person and his sureties, "conditioned that such person shall attend at the time and place mentioned in the bond and shall continue so to attend until otherwise directed by the police-officer or Court, as the case may be".

What are the bail conditions in India?

Factors to be considered while granting bail: It is well settled that the matters to be considered in an application for bail are (i) whether there is any prima facie or reasonable ground to believe that the accused had committed the offence; (ii) nature and gravity of the charge;(iii) severity of the punishment in the ...

What is bail and types of bail in India?

Broadly speaking there are three categories of bail and they are- i] bail in bailable offences, ii] bail in non bailable offences, iii]anticipatory bail, BAIL IN BAILABLE OFFENCES, Section 436 of the Code of Criminal Procedure deals with provisions of bail in bailable offences.

What happens if you violate bail conditions in India?

If the person released on bail fails to comply with the conditions in the bail bond as regards time and place of attendance, the court may refuse him to be released on bail when he appears on a subsequent occasion. The bond executed by him and his surety stand cancelled under Section 446-A of CrPC.

What is the minimum bail amount in India?

Basic expenditure to get an anticipatory bail

An anticipatory bail can cost you around Rs. 25,000 to Rs. 30,000, depending on the seriousness of your case and the skills and experience of your lawyer.

CrPC (series - 12) What is Conditional bail ?सशर्त जमानत क्या है? Important for Civil judge mains

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Can bail be Cancelled?

Bail granted can be cancelled on the ground which has arisen after the bail was granted.:-It is generally presumed that at the time of hearing of the bail application, the prosecution has raised all possible grounds which could go against the accused in the matter of bail and, therefore, when once bail has been granted ...

What are the different types of bail?

Bail may be given in the form of corporate surety, property bond, cash deposit, or recognizance (Sec. 1).

What is conditional bail?

A conditional bail is set when the defendant poses an escape risk. In that case, the court adds conditions to their release. If the defendant fails to comply even with a single condition, their bail privilege will be revoked and they'll return to jail to wait for their trial.

Can bail be Cancelled after charge sheet?

Supreme Court issued guidelines for granting bail after filing of charge sheet and said trial courts are not precluded from granting interim relief considering the accused's conduct during the probe.

In what cases bail Cannot be granted?

Bail cannot be granted, especially to an accused in a heinous crime, as a “matter of course”. Courts should exercise their discretion in a “judicious manner”, the Supreme Court has held in a judgment. Besides, bail without giving a cogent reason in a cryptic order cannot be sustained, a Bench of Justices L.

Is Section 151 bailable or not?

IPC 151 is a Bailable offence.

Can I drop police charges?

If charges are dropped after the trial begins, the prosecution must request the court to allow the charges to be dropped, and the court may or may not give their consent. For a charge to be dropped, the prosecutor will either withdraw some or all charges.

Can bail be granted subject to conditions?

Bail as per Indian law: Section 437 of the Code of Criminal Procedure of 1973 empowers the Court to impose certain conditions deeming fit at the time of granting bail. The Criminal Procedure Code elucidates the bail process and how it is obtained.

Is bail amount refundable?

No. The money that is held by courts through bail money or through other means (official liquidator or Court receiver) are interest free deposits. However courts through it's order/judgment may ask the litigating party to pay the principal or any other dues with interest to they other party. Was this answer helpful?

In what cases bail will be granted?

First, it is often granted after the arrest; Second, it is often granted to an individual who has been an undertrial prisoner for committing a non-bailable offense and; Third, a bail application also can be filed by an individual, who was convicted by the court and preferred an appeal against conviction.

What happens after getting bail in India?

You have to wait for the summons to be received from court which will happen after the police is submitting the charge sheet before court. The complainant need not go to court. After bail your mother have to appear for every hearing of court other wise court will again issue Non bailable warrant against her.

What is the next step after chargesheet?

After the charge-sheet is filed, the person against whom the charge-sheet has been filed comes to be known as an accused. The filing of charge-sheet with the magistrate indicates commencement of criminal proceedings.

Can a magistrate cancel bail?

If an accused misuses his liberty the Court which granted bail has full powers to cancel it. Even a Magistrate to whom a case is transferred is also empowered to cancel bail.

Can bail be filed before chargesheet?

The Supreme Court observed that an accused cannot seek default bail merely on the ground that cognizance has not been taken before the expiry of 60 days or 90 days, as the case may be, from the date of remand if chargesheet was already filed.

What are the reasons for conditional bail?

You could be arrested, fined or sent to prison. If you commit an offence while on bail your sentence will be greater.
These conditions are necessary to make sure:
  • you attend court [and/or]
  • you do not commit offences on bail [and/or]
  • you do not interfere with witnesses [and/or]
  • you attend your appointments.

How long does conditional bail last?

28 days maximum for standard criminal cases

There are still provisions for the police to release suspects with bail conditions. The important difference is that the maximum period is 28 days unless extended by a “senior officer” of the rank of superintendent or above.

What does remand on conditional bail mean?

Abstract: Conditional bail is a popular alternative to a remand in custody when magistrates believe a defendant poses a risk if released unconditionally. In the present study, magistrates made bail decisions on systematically designed hypothetical cases.

What are the 4 kinds of bail?

What are the Forms of Bail or Bond? Bail is not always in cash. It may be given in the form of corporate surety, property bond, cash deposit, or recognizance. The choice lies with the applicant.

What are the two types of bail?

Unconditional bail.
  • Conditional bail. The police and courts can impose any requirements which are necessary to make sure that defendants attend court and do not commit offences or interfere with witnesses whilst on bail. ...
  • Unconditional bail. ...
  • Breach of bail.

What is the most common type of bail?

Cash bail is the standard type of bail bond. As the name implies, the bond is paid with available cash and in full. If the court allows you to pay cash bail, you should pay it immediately. You can pay this type of bail using cash, a check, or a credit card.