What is the jurisprudence of bail in India?
Asked by: Nicholaus Schmidt | Last update: October 7, 2023Score: 4.2/5 (20 votes)
The jurisprudence of bail in post-independent India, is anchored on the bedrock of Article 21 of the Constitution which safeguards not only life but also liberty by commanding that liberty can be deprived only through the procedure established by law, which must be “just, fair and reasonable”.
What are the facets of bail jurisprudence in India?
Courts must deny bail only under three conditions: The person charged with the crime is likely to flee. The accused is likely to tamper with evidence or influence witnesses. The person is likely to repeat the same crime if granted bail.
How is bail amount determined in India?
The bail amount is set by the court and is typically a percentage of the alleged offense's maximum penalty. The higher the bail amount, the more expensive the bail application becomes.
What are the grounds for bail in India?
The court contemplates various factors before deciding the case fit for bail such as nature or seriousness of the offence, the character of the evidence, circumstances which are peculiar to the accused, reasonable apprehension of the witnesses being tampered with, the larger interests of the public or the state and ...
Is bail a legal right in India?
New Delhi: A Supreme Court bench of Justices Krishna Murari and C.T. Ravikumar, on Wednesday, April 26, held that the relief of statutory bail under Section 167(2) of the Criminal Procedure Code, is a fundamental right.
What is Bail and Laws related to Bail in India? | Judicial Service Exams 2022
How long bail is valid in India?
But in certain circumstances you can directly file for bail in high court. Anticipatory bail is generally valid for 30 days but sometime court can grant more time period depends on case and circumstances. So this is within jurisdiction and authority of court to decide validity of bail granted.
What happens to bail money in India?
Bail money is held by the court until the court case is resolved or the individual fails to appear. In the first case the money is returned to the individual who paid it. In the last case the money is forfeited and is distributed according to regulation usually to law enforcement and/or the courts.
Which crime has no bail in India?
Examples of non-bailable offences in India include murder, kidnapping, and terrorism. In such cases, the accused must apply for bail in court, and it is up to the court to decide whether to grant the bail.
What happens if you break 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.
How does bail bond work in India?
Bail is the temporary release of a person accused of a crime in exchange for a monetary pledge in exchange for the accused's appearance in court when the time comes. The person who pays the money or undertakes a money bond acts as the surety.
When bail is granted in India?
An officer- in-charge of the police station may grant bail only when there are no reasonable grounds for believing that the accused has committed a non- bailable offence or when the non-bailable offence complained of is not punishable with death or life imprisonment.
How long does a bail hearing take in India?
Additionally, urgent matters or cases involving serious offences may be given priority and heard sooner. In some cases, bail applications can be heard and disposed of on the same day or within a few days, while in other cases, it may take several weeks or months for the application to be heard and decided.
Can a person get bail after sentencing in India?
Section 389 gives the power to the appellate court to grant interim bail to the convicted person until the court passes an order in this regard. Sub-section (3) of the Section gives a restrictive power to the trial court convicting the accused to suspend his sentence and grant him bail.
What is the difference between bail and bond India?
With bail, the defendant or their family pays the full bail amount to the court, and the money is refunded at the end of the case as long as the defendant appears in court. With a bond, the defendant pays a non-refundable fee to a bondsman, who then posts a bond with the court.
How many types of bail are there 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 are the grounds for cancellation of bail in India?
- Interference or attempt to interfere with the due course of administration of justice;
- Evasion or attempt to evade the due course of justice;
- Abuse of the concession granted to the accused;
- Possibility of the accused absconding;
- Likelihood of/actual misuse of bail.
Can bail be Cancelled in India?
The Supreme Court on Monday held that default bail granted to an accused can be cancelled if a special and strong case is made out on filing of a charge sheet.
Can you get bail on Sunday in India?
Yes it is possible to get bail on sunday and holidays.
Is it easy to get bail in India?
In order to get bailin a bailable offence, the suspect has to submit Form- 45 given in the Second Schedule to the court in which his case is being heard. For bailable offences, bail can be granted by the police officer in charge of the police station where the accused person is detained.
What is the highest bail bond in India?
The Supreme Court of India yesterday possibly set the largest bail bond in the history of the world: Rs. 37,000 crores (or about $6 billion) for the release of Subrata Roy from prison.
What is a bailable offence in India?
Examples of Bailable Offences
Being a member of an unlawful Assembly. Rioting, armed with a deadly weapon. Public servant disobeying a direction of the law with intent to cause injury to any person. Wearing Garb or carrying token used by public servant with fraudulent intents.
Does bail mean you are free India?
It's important to note that bail is not a permanent release from the case, and the person who is granted bail is still required to appear in court until a final decision is reached. Additionally, bail can also be denied if the accused is considered a risk to tamper with evidence or intimidate witnesses in the case.
What is the cost of anticipatory bail in India?
Anticipatory bail cost ranges from around ₹25,000 to ₹30,000, depending on the case. Usually, the more serious the case, the costlier the bail would be. Moreover, the cost of anticipatory bail also depends on the skills and experience of an individual's lawyer.
How many times can you apply for bail India?
If a court needs to curtail the right to bail then it needs to done after appropriate consideration. You can file as many bails as you want. If one application is rejected then you can file it again. But you make sure that the reason the earlier bail was rejected is gone after the completion of chargesheet.
Who can give surety for bail in India?
To obtain bail, the arrested person may need to provide a surety who will undertake to produce the accused person in court on the date of the trial. The surety can be anyone who is a citizen of India and has a fixed place of residence. Usually, a relative or a friend of the accused person is chosen as the surety.