BAIL
The term used to the release of a person charged with an offence is called as BAIL. It is a process of releasing a person from prison who is under trial or appeal, by the fulfilment of proper paperwork and security at the required time to legal authority.
Bailable and Non-Bailable Offences
Offences have been classified as “bailable” and ”non-bailable” offences. In the case of bailable offences, if the accused produces proper surety, and fulfils other conditions, it is binding upon the Investigating officer to grant bail. However, in case of a non-bailable offence, the police cannot grant bail; it can only be granted by a competent Court.
Bail in Bailable Offences
A person accused of a bailable offence is entitled to be released on bail under Section 436 of the Code of Criminal Procedure pending his trial. As soon as it appears that the accused person is prepared to give bail, the police officer or the court before whom he offers to give bail, is bound to release him on such terms as to bail as may appear to the officer or the court to be reasonable.
Bail in Non-Bailable Offences
Non-bailable offences are serious offences where bail is a privilege and only the courts can grant it. Bail-in non-bailable offences is a discretionary relief that can only be granted by the court. While granting bail in a non-bailable offence the primary consideration is the gravity and the nature of the offence.
Types of Bail in India
Regular Bail : A regular bail can be granted to a person who has already been arrested and kept in police custody. A person can file a bail application for regular bail under Section 437 and 439 of the CrPC.
Anticipatory Bail : The provision of anticipatory bail in India is set out in Sec. 438 of Criminal Procedure Code. The concept of anticipatory bail is that a person who apprehends his arrest in a non-bailable case can apply for grant of bail to the Court of Sessions or to the High Court before the arrest.
