Who may grant bail?
Asked by: Leland Metz | Last update: February 19, 2022Score: 4.5/5 (28 votes)
Pretrial release on bail: The judge can require bail and set the terms of bail, including the amount and any special conditions for release. Bail can be paid in cash or the judge may grant a bond order for a secured, unsecured, or surety bond. A bondsman service may be used at this time.
Who grants a bail?
Section 437, Criminal Procedure Code, deals with the powers of the trial court and of the Magistrate to whom the offender is produced by the police or the accused surrenders or appears, to grant or refuse bail to person accused of,or suspected of the commission of any non-bailable offence.
Who grants bail in Nigeria?
The POLICE can grant you bail during the first 24 (or 48 hours) following your arrest. The JUDGE or MAGISTRATE can grant you bail once you have been brought to court ("arraigned before the court").
Who can grant bail in bailable offence?
In case of bailable offence the police has power to grant bail, but after the challans are filed in court, the accused person has to fill the prescribed bail bond in order to get regular bail from court.
Who can grant bail in South Africa?
Who can grant bail? At the time of arrest for an alleged offence, the police have the discretion to grant the accused bail at the police station before appearance in court. Bail conditions will be set and the accused will be warned to appear in court on a given date.
What is Bail? Section 436-439 of CrPC | Procedure for Bail
Can a convicted person get bail?
P.C.”), when an accused is convicted of any offence and sentenced to imprisonment not exceeding three years, and if such convicted person has been on bail before being sentenced, or where the offence of which such person has been convicted is a bailable one and he/she has been on bail, and if accused satisfies the ...
When can police bail be granted?
Ordinarily, Bail is granted by a Court, however, in limited circumstances Bail may be granted by a Police Officer. This is referred to as Police Bail. A detainee or his or her legal representative may apply for Police Bail within 48 (forty-eight) hours of being arrested at a police station.
What powers do the police have to grant bail?
Officers can arrest individuals for a breach, and then charge the suspect with the original offence or release them with or without charge, either on bail or without bail. If they are released on bail, conditions set for the original bail can be re-applied.
Who can give surety for bail in India?
Any natural person can be a surety. Artificial person or corporation cannot be a surety. [ii] According to section 441(4) of the Code of Criminal Procedure, Magistrate can check fitness or sufficiency of surety and may reject surety if not satisfied about reliability, identity, fitness or sufficiency of surety.
Can Supreme Court grant anticipatory bail?
The Supreme Court has held that a superior court can set aside an anticipatory bail order if there is enough material to suggest that factors like gravity of the offence and the role of the accused in the crime were not considered by the lower court.
Can magistrates grant bail?
Section 437 of the CrPC empowers the Magistrate to release on bail a person accused of a non-bailable offence unless there are reasonable grounds for believing that such person is guilty of an offence punishable with death or imprisonment for life; and/or if such person had been previously convicted of an offence ...
How many types of bail do we have in Nigeria?
Types of bail in Nigeria
There are two major types of Bail namely, Police Bail and Court Bail.
What is administrative bail in Nigeria?
Police or Administrative Bail
This is the type that is obtained by someone who is suspected of the commission of a crime. ... Therefore it is illegal and unconstitutional for a suspect to be detained for more than 48 hours by the police (or government agency) without bail or without charging the individual to court.
What is the meaning of grant of bail?
uncountable noun [oft on NOUN] Bail is a sum of money that an arrested person or someone else puts forward as a guarantee that the arrested person will attend their trial in a law court. If the arrested person does not attend it, the money will be lost.
What does it mean to grant a bail?
Bail is the process of procuring the release of an accused person from legal custody. In order for bail to be granted, the accused person undertakes that she would be available at such a time and place specified by the bail bond.
Which court grants bail in India?
Section 437 of the Criminal Procedure Code 1973 spells out the powers and duties of magistrate courts for bail, specifically stating that where offences are punishable with death or life imprisonment, bail ought not to be granted unless the court is convinced the accused is not guilty of the offence.
Can family members be surety?
Chapter 33 of the Code does not say that the surety should be a member of the family or a blood relative. Court cannot insist that the sureties should be local surety. ... Generally, a surety must be a genuine person. He should not be a bogus person.
Can family members be surety in bail?
When the court grants bail to an accused it is mandatory for the accused to produce a person or persons (normally relatives or friends) who stand as surety. ... But, they have to belong to the person acting as surety so that if the accused absconds, the property furnished in the bail bond may be seized.
Can advocate be a surety?
HEADNOTE: Rule 10, Chapter II, Part 6 of the Rules framed by the Bar Council of India for professional mis-conduct provides that an advocate shall not stand a surety, or certify the soundness of a surety, for his client required for the purposes of any legal proceedings.
When can magistrates not grant bail?
Section 114(2) provides that bail may not be granted to someone charged with murder unless the court is satisfied that there is no significant risk that, if released on bail, that person would commit an offence that would be likely to cause physical or mental injury to another person.
Does bail mean you have been charged?
Being on bail means that you have been arrested or charged with a crime and can leave the police station or court, but you must return / go to court on a specific day at a specific time. If you do not attend court you can be arrested.
How many times can police extend bail UK?
Understanding Police Bail
The initial bail period is 28 days but can be extended up to 3 months by a Superintendent.
How do I get bail money back?
Bail money is returned when the case is completed in court and all conditions set by the court have been complied with. It is not returned if the accused person fails to appear in court. In that case the bail amount is estreated (or forfeited).
Can bail be Cancelled?
So yes, the court has inherent powers and discretion to cancel the bail of an accused even in the absence of supervening circumstances.
Can police handcuff without arresting?
The use of handcuffs by Police Officers is a use of force and their use must be documented and accounted for. ... In most circumstances where handcuffs are used, the subject will be arrested, but there are some occasions, where legislation allows for force to be used if necessary, where a subject is not under arrest.