Bail Concept and Types of Bail in India
Concept and Types of Bail in India
In general, the tentative release of an accused person awaiting trial, sometimes on condition that a sum of money given as a guarantee for their appearance in court.
The term ‘bail’ is defined under the Code of Criminal Procedure, 1973, under sections 436 – 450 including the schedules which defines bail and non bailable offences.
Section 436 of the Code of Criminal Procedure deals with the provisions of bail for bailable offences. Bail is the right of a person unless proved guilty, underlined by the Supreme Court of India as under Article 21- Right to life and liberty of the Constitution of India.
Section 437 of the Code of Criminal Procedure deals with the provisions of bail for non-bailable offences, which is purely based on the discretion power of the court (other than the High Court and Sessions Court) as the Court may deem fit.
TYPES OF BAIL:
There are 5 types of Bail: -
Ø Anticipatory Bail
It is filed before the arrest is made and it is also called pre-arrest bail if a person thinks that he may get arrested on an accusation of committing a non-bailable offence then he may approach the High Court of his concerned state for anticipatory bail application under Section 438 of the Code of Criminal Procedure.
Ø Bail on Arrest
This is filed after the arrest of the person under Section 437 of the Code of Criminal Procedure, he may approach the court for bail.
Ø Bail for Convict
This is filed post-conviction by an appeal against the same by the court. When the accused has convicted by the court he may apply to the appellant court for bail.
Ø Default Bail
When the charge sheet is not filed in the court within the time period or the investigation remained incomplete within the prescribed time, the accused may apply for the default bail.
Ø Interim Bail
The concept of the Interim Bail was started by the Hon’ble Supreme Court in 2009, interim bail is granted to the pending disposal of the bail application or as the detention of a person may cause irreparable loss.
Lal Kamlendra Pratap Singh Vs State of U.P and Ors. SC2009
HERE ARE 20 LEADING CASES OF THE SUPREME COURT:
1. Sushila Aggarwal Vs State (nct of Delhi), 2020
2. Arnab Manoranjan Goswami Vs the State of Maharashtra and Ors., 2020
3. Bikramjit Singh Vs The State of Punjab, 2020
4. Jatinderveer Arora and Ors. Vs State of Punjab, 2020
5. National Alliance For People’s Movement Ors. Vs The State of Maharashtra and Ors.
6. P. Chidambaram Vs Directorate of Enforcement, 2019
7. Prathvi Raj Chauhan Vs Union of India (uio) and Ors. 2020
8. Saravanan Vs State Represented By The Inspector of Police, 2020
9. Sumetivij Vs Paramount Tech Fab Industries, 2021
10. The State of Kerela Vs Mahesh, 2021
11. Aparna Bhat and Ors. Vs State of Madhya Pradesh, 2021
12. Girraj Vs Kiranpal and Ors. 2021
13. Kanakarnjan Vs Sate of Kerela, 2017
14. Naveen Singh Vs The State of Uttar Pradesh, 2021
15. Union of India Vs Prateek Shukla, 2021
16. Union of India (uoi) Vs K.A.Najeeb
17. Naresh kumar Mangla Vs Anita Agarwal and Ors.
18. Venkatesan Balasubramaniyan and Ors. Vs The Intelligence Officer,D.r.i.Banglore,2020
19. R.Damodhar Vs The State Represented By the Inspector of Police,2021
20. Mauji Ram Vs State of Uttar Prasdesh and aor. 2019
“Bail Matters”- Supreme Court’s Latest Leading Case Laws
Author: JayprakashB. Somani,
Advocate of Supreme Court
Assisted By: Simran Mehta
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