What is Bail ?
Bail, in law, means procurement of release from prison of a person awaiting trial
or an appeal, by the deposit of security to ensure his submission at the required
time to legal authority. The monetary value of the security, known also as the bail,
or, more accurately, the bail bond, is set by the court having jurisdiction over
the prisoner. The security may be cash, the papers of property, or the bond of private
persons of means or of a professional bondsman or bonding company. Failure of the
person released on bail to surrender himself at the appointed time results in forfeiture
of the security.
there are 4 sections provided by IPC for bail. Section- 436 for bailable offenses.
Sec- 437 for non bailable offences. Sec-438 for a pre arrest direction( anticipator
bail) and Sec 439 for non bailable offences.
In Case of Anticipating Arrest:
Under Indian criminal law, there is a provision for anticipatory bail under Section
438 of the Criminal Procedure Code. This provision allows a person to seek bail
in anticipation of an arrest on accusation of having committed a non-bailable offense.
On filing anticipatory bail, the opposing party is notified about the bail application
and the opposition can then contest the bail application in court (public prosecutor
can also be used to do this). Anticipatory bail is a direction to release a person
on bail, issued even before the person is arrested.
Bail After Arrest:
Under Indian criminal law, there is provision for accused t to secure his release
by applying for bail under S. 436(1) of Cr P C, while in case of non-bailable offense,
the accused may be released by the court on its discretion after he applied for
bail under S. 437(1) of Cr P C. In case of a bailable offence, if the accused is
indigent, he may be released by executing a personal bond without sureties. Bail
application can be made to the court in which the accused is tried i.e lower court.If
the lower court dismisses the Bail the accused can apply for bail in Sessions Court
then to High Court. However, S. 439 gives special powers to HC and Court of Session
to release a person on bail (after imposing certain conditions),