Article 21 of the Indian Constitution gives everyone the right to life and personal liberty. Unless proven guilty, a person is presumed innocent. As a result, an accused person may not be imprisoned unless a fair and equitable procedure is followed.
Bail has no legal definition, although it can be defined as a temporary release granted by the court or police from jail in exchange for the issuance of personal bonds with or without sureties to ensure the accused's attendance during the remainder of the trial.
Bail is a legal phrase that refers to an accused person's temporary release from custody. Bail is derived from the French word bailer, which means "to deliver" or "to give." Bail is a term that has been used for a long time. According to the Oxford definition, bail is the temporary release of an accused person pending trial or the deposit of a quantity of money as a guarantee of the accused's appearance in court.
The rule is that bail is required, and refusal to post bail is the exception. When bail is denied, the citizen's liberty is taken away. Only by following the legal principles and procedures can such deprivation be carried out. That means refusing bail must be done by the law. Bail can be granted at any point during the proceedings.
Meaning
'Bail' comes from the old French verb 'baillier,' which means 'to give or convey.' Bail is the process of releasing or setting at liberty a person who has been arrested or detained based on security or surety for his attendance on a specific day and location.
The Criminal Procedure Code of 1973 outlines the bail process and how it is obtained. It does not, however, define bail. According to Section 2(a) Cr.P.C., a bailable offence is listed as bailable in the First Schedule or that is made bailable by any other legislation in effect at the time, while a non-bailable offence is any other offence.
Definition of bail, as per the Black’s Law Dictionary is that bail is – “the security required by a court for the release of a prisoner who must appear at a future time.”
Bail For Bailable & Non-Bailable Offences
Bail for bailable offences is governed by Section 436 of the code. It specifies that the accused may be granted bail by the police officer-in-charge if personal bonds with or without sureties are presented. Section 436 (1) of the Code of Criminal Procedure, 1973 (India) states that the accused is not obligated to ask the court for bail. In numerous judgments, it has been established that granting bail for a bailable offence is an inherent right of the accused that must not be infringed upon by the authorities.
Refusal of bail must be based on a valid reason; otherwise, it will be considered illegal, and the authorities will be held accountable under Section 342 of the Indian Penal Code, 1860. According to the code, if an accused individual is unable to post bond within a week, he must be released by the authorities by signing a personal bond and being considered an Indigent.
Purpose of bail
The primary goal of bail is to ensure that the accused appears at his trial while also ensuring that his liberty is not infringed upon. The goal of obtaining a bail bond from sureties is to obligate the sureties to ensure the accused's attendance whenever it is required.
Different types of bail
1. Regular bail
The court orders that a person who has been arrested be released from police custody after paying the bail sum. Sections 437 and 439 of the Criminal Procedure Code allow an accused to petition for normal bail.
2. Interim bail
This is a court order that the accused be released on temporary and short-term bail while his regular or anticipatory bail application is underway. The Supreme Court noticed the misuse of interim bail by the accused in Rukmani Mahato vs. the State of Jharkhand [Petition(s) for Special Leave to Appeal (Crl.) No(s). 2411/2016].
3. Anticipatory bail
A direct order from the Sessions or High Court to grant a criminal defendant pre-arrest bail. If a person believes they will be arrested, they may apply for anticipatory bail. An application for anticipatory bail can sometimes work against a person since it alerts an investigating agency to their involvement in a crime.
4. Bail on Arrest
This is done once the accused person has been apprehended. Section 437 of the Criminal Procedure Code allows the arrested individual to apply to the court for bail.
5. Bail for Convict
This is filed by the court after the defendant has been convicted, and there is an appeal pending. When a person is convicted by a court and files an appeal, the defendant may ask the appellate court for bail.
6. Default Bail
The accused is entitled to default bail if the charge-sheet is not filed in court within the necessary time limit, or if the investigation is not completed within the stipulated time frame.
Cancellation Of Bail
The Patna High Court outlined several grounds for cancelling a bail-in Surendra Singh v. State of Bihar 1995(2) BLJR 1132:
1. If the person was caught tampering with evidence during the investigation or trial process.
2. If the person commits the same type of crime or any other terrible crime while on bail.
3. If a defendant flees the scene of the crime, causing the legal system to be delayed.
4. If the individual causes a societal problem of any type.
5. If the individual on bail's life is in danger.
6. If the court discovers that the accused on bail has abused his or her bail rights.
7. If the higher court determines that the lower court made an error in granting bail.
It's worth noting that bail can only be revoked by the court that issued it.
Grant or refusal of bail
In Kalyan Chandra Sarkar v Rajesh Ranjan @ Pappu Yadav and Anr. (2004 (7) SCC 528), the Supreme Judge stated that the court granting bail should use its authority sparingly and not regularly. A thorough assessment of the evidence and extensive documenting of the case's merits is not required at the stage of granting bail. However, in such judgments, the reasons for prima facie concluding why bail was granted must be stated, especially if the prisoner is charged with a serious crime. Any order lacking such justifications would suffer from a lack of mental application. When dealing with a bail application, it is necessary to include reasons for prima facie finding why bail was granted, especially when the accused is charged with a serious crime.
Conclusion
It may be inferred that the principle of bail is that it functions as a security deposit made by the accused individual, allowing him to be released temporarily but requiring him to appear in court whenever the court requires it. While the accused person's trial is still ongoing, the bail process takes place. In most cases, a person chooses this option to be freed from police custody. The bail provisions are summarised in these parts envisioned in the code.
References
https://www.legalserviceindia.com/legal/article-3937-bail-and-the-laws-relating-to-it.html
https://blog.ipleaders.in/bail-provisions-under-the-code-of-criminal-procedure/
https://lawpage.in/criminal_laws/bail
https://www.lawaudience.com/provisions-relating-to-bail-under-code-of-criminal-procedure1973/