13/04/2017
Bail and its KINDS OF BAIL & GROUNDS*
*1. Introduction*
The concept of bail is not new. Basic Philosophy behind the concept of bail is that accused should be released from the custody of law enforcing agency into the custody of sureties. This is an interim order which can be withdrawn by the court at any stage according to circumstances.
*2. Relevant Provisions*
Section 496, 497 and 498 of Cr.P.C is a relevant provision
*3. Meaning of Bail*
Bail means the security, which court requires for release, of some accused. It is, in fact, transfer of accused from judicial custody to sureties with this condition that sureties will remain bound for future appearance of accused in court whenever accused appearance will be required.
*4 Kinds of Bail*
Bail is of the following three kinds.
*1. Bail After Arrest / Post Arrest Bail*
It is a bail which is granted to the accused person, after his arrest, both in bailable and non-bailable offence. When the accused has been arrested by the law enforcing agency, bail may be generated to him under section 497 of Cr.P.C.
*2. Bail before Arrest / Pre-Arrest bail*
Bail before arrest is a bail which is granted in a case where court feels perhaps accused has falsely involved in case and he is likely to suffer irreparable injury to his dignity, honor, or reputation by his arrest.
Note: In bail before arrest, registration of case is necessary.
*I. Protective Bail*
The protective bail is granted to accused enable him to approach the concerned court of other provinces for the purpose of obtaining pre-arrest bail without touching its merits.
*II. Direct approach to High court*
Superior courts can entertain application for pre-arrest bail and can grant relief to accused in appropriate cases where accused could inter alia, established that he was prevented from approaching lower court concern.
*III. Bail after Conviction*
It is granted when after conviction of accused, the appeal has been accepted for hearing and the court observes that there are grounds for the release of the accused, therefore, it accepts the bail petition and allows bail also under section 426
*5*. Kinds of Bail by Nature
By nature, bail may be divided into following two kinds.
*I. Interim Bail*
It is a bail which is granted by the court without hearing the prosecution for a specified period of time.
*II. Permanent or Confirmed bail*
It is a bail which is granted by the court after hearing both the parties, i.e., petitioner and prosecution.
*6*. Pre-conditions or Essential ingredients of Confirmation of Pre-arrest / before arrest Bail
Following confirmation of pre-arrest / before arrest bail, following are pre-conditions or essential ingredients.
*I. Ulterior Movies*
Arrest of petitioner should be for some ulterior motives. In fact, there should be doubt that motive for involvement of accused in some criminal case in not pure. If ulterior motive is proved, pre-arrest bail can be confirmed. If it is also proved that apprehension of imminent arrest, humiliation and unjustified harassment of accused due to some ulterior motive or mala fide on part of authorities or other influential persons.
*II. Heinousness of offence*
Heinousness of offence is of no importance as far as granting of pre-arrest bail is concerned. In fact, pre-arrest bail cannot be refused due to heinousness of offence.
*III. Commission of offence*
Pre-arrest bail can be confirmed when investigation is completed and it shows that accused has not committed offence.
*IV. Physical Surrender*
Petitioner / accused should physically surrender himself before court. It means that no pre-arrest bail can be granted to absconder.
*V. Fit Case*
Case of petitioner should be fit case so that court can exercise its discretion of confirmation of bail. If case of petitioner is fit case for court to exercise its discretion, pre-arrest bail can be granted.
*VI. Bail Bond*
Pre-arrest bail can be confirmed when accused is ready to submit bail bond is prescribed manner under Criminal Procedure Code.
*7*. Pre-conditions or Essential Ingredients of confirmation Post-arrest / After-arrest bail
For confirmation of post-arrest (after arrest) bail, following are pre-conditions or essential ingredients.
*I. Prohibitory Clause*
According to Section No. 497 of Criminal Procedure Code, post-arrest bail cannot be granted when there exists reasonable grounds for believing that petitioner has been guilty of that offence, which is punishable with death or imprisonment for life or imprisonment for ten years. It reveals that pre-condition or essential ingredient for confirmation of post-arrest bail is that alleged offence should not fall within prohibitory clause of Section No. 497 of Criminal Procedure code.
*II. No Reasonable Ground for commission of Non-bailable offence*
Another pre-condition or essential ingredient for confirmation of post-arrest bail is that there should be no reasonable grounds for believing that accused has committed non-bailable offence.
*III. Sufficient grounds for further Inquiry*
For confirmation of post-arrest bail, there should also be sufficient grounds for further inquiry into guilt of accused.
*IV. Bail Bond*
Post-arrest bail can be confirmed when accused is ready to submit bail bond in prescribed manner under Criminal Procedure Code
