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Anticipatory Regular Interim Bails

Types Of Bail Under Code Of Criminal Procedure In India

In General, Bail is written permission from a court, allowing a person to get out of jail charged of any offense while they wait for their trial or some other result in their case. THE word “bail” is derived from the French verb “baillier”, which means “give or deliver” and Secondly the word “Bajulare” meaning “to bear a burden”. In fact, bail is not particularly defined under criminal procedure code Regular Anticipatory Interim Bails High Court & Session Chandigarh

The sections from 436 to section 439 deal with the provisions of bail under the Criminal procedure code. Bail is just a mechanism used to ensure that the accused is present before the court. The basic and fundamental object of bail is to ensure the attendance of the accused at the trial before the court. It is a kind of security which is given by the accused to the court that he will attend the proceedings against the accusations made upon him and include personal bond and bail bond. Regular Anticipatory Interim Bails High Court & Session Chandigarh

Bail can be granted by these two authorities:

  • Police

  • Courts.

The supreme court in Kamlapati vs  West Bengal, defines bail as “a technique which is evolved for effecting the synthesis of two basic concepts of human value” means the right of an accused to enjoy his personal freedom and a person’s release which is  conditioned on the surety to produce the accused person in the Court for the trial.”

Under What Circumstances A Bail Is Granted?

 There are two types of offenses defined under CRPC-

  • Bailable
  • Non-bailable

The code of criminal procedure, 1973 has defined the term Bailable offenses as any offense or crime that is not very serious in nature. In such cases, bail is a right and the arrested person is released after depositing the bail with some security to the police. Or which is made bailable by any other law for the time being in force. On the other hand the term non-bailable offense states the meaning that any other offense other than bailable offense where bail is a privilege and only the courts can grant it. When a person is arrested and taken into custody for a serious crime, he /she cannot ask to be released on bail as a matter of right. The distinction between both offenses are based on the depth of the offenses, the danger of accused absconding, evidence, previous conduct, age, and sex of the accused person, However, non-bailable offenses are those offenses that are punishable with imprisonment for not less than three years. Regular Anticipatory Interim Bails High Court & Session Chandigarh

(Also Read Here Our Criminal Practices and Litigation)

Under Section 436 of CRPC, it states that any person who is detained by a police officer, who doesn’t have a warrant or that person is prepared in the custody of the police officer before the court has granted him bail, shall be released on bail through a bond without any kind of securities. Regular Anticipatory Interim Bails High Court & Session Chandigarh

Kinds of Bail

Regular Bail

When a person has been arrested and is kept in custody, then the person can be released on a regular bail under Section 437 and 439 of CRPC. Section 437 states that, if any person is detained for a non-bailable offense, without a  warrant by a police officer and there are reasons that no sufficient grounds are there to prove that the person has committed any serious offense, then he can be released. Section 439 gives power to High courts and other courts regarding the same.

Interim Bail

Before granting a regular bail or anticipatory bail, interim bail is provided. It is given for a temporary period. Temporary bail is granted because the High Court or the Court of Session requires documents to be sent by the lower courts, which takes time. So, for the time being, interim bail is provided. The Interim bail can be extended and if its period expires then the person to whom it is granted, should be put in jail again. The Hon’ble Supreme Court in ‘Gurbaksh Singh Sibbia v. State of Punjab’ held the distinction between an ordinary order of bail and an order of anticipatory bail. It is stated clearly that the former is granted after arrest and therefore means release from the custody of the police, the latter is granted in before the arrest and at the very moment of arrest. Police custody is an inevitable concomitant of arrest for non-bailable offenses.

Anticipatory Bail

Section 438 CRPC, provides that any person who anticipates or believes that he can be arrested for any accusation of committing a non-bailable crime can apply for the grant of anticipatory bail. An application has to be made to the High Court or the Court of Session. In Amiya Kumar Vs State of West Bengal case, it was held that section 438 of the code empowers both the high court and the session’s court to grant the anticipatory bail. Both the high court and the Sessions court have the competency to grant this bail. If the Sessions court rejects the petition filed by the applicant for the anticipatory bail then he can’t file the petition for the same in the high court. Types of Bail Regular, Anticipatory And Interim Bails by High Court And Session Court Chandigarh

Steps For Making An Anticipatory Bail:

  • Contact a lawyer for applying anticipatory bail and pee arrest notice.
  • Draft anticipatory bail application and sign it
  • It must also include an affidavit supporting that.
  • A copy of Fir and Other documents should be attached along with it.
  • File the application in appropriate district court
  • Must send someone along with your lawyer for the hearing of the application.
  • The protection of anticipatory bail is provided to you until the end of the trail.

Conditions To Be Fulfilled By Accused Person:

  • The nature and gravity of accusation.
  • Accused has to attend the court when they are supposed to.
  • the person shall make himself available for interrogation by the police officer when required
  • the person shall not, directly or indirectly, make any inducement, threat or promise to any person known with the facts of the case and not even make any contact with the victim.
  • The person shall not leave India without the previous permission of the court.

In the Sidhram Mhetre case, the Supreme court held certain conditions imposed by the High Court is contrary to the provided provisions. Like before as in The Hon’ble Supreme Court in ‘Gurbaksh Singh Sibbia vs State of Punjab’ clearly stated the distinction between an ordinary order of bail and an order of anticipatory bail. The former is granted after arrest and release from the custody of the police, the latter is granted before arrest or at the very moment of arrest. Regular Anticipatory Interim Bails High Court & Session Chandigarh

In “Avinash Vs. State” case, State of NCT of Delhi relied upon by learned counsel for the petitioner, in a matrimonial dispute while granting anticipatory bail, video order dated for interrogation by the police officers, as and when required. This ensures that the accused does not misuse liberty directly to any person acquainted. The most recent famous case Ram Rahim Singh vs Central Bureau Investigation, in this case, the absolute bar on the court concerned anticipatory bail granted for a limited duration of 45 days, It is held that duration of anticipatory bail under Section 438 of the Code has to be limited and normally, it should be limited till the trial court has the necessary material before it to pass such orders as it thinks fit. Thus, a restriction with regard to anticipatory bail for an unspecified period was held to be there on the power of the Courts under Section 438 of the Code. Regular Anticipatory Interim Bails High Court & Session Chandigarh

Conclusion:

It can be concluded that the concept of bail acts as security made by the accused person on the basis of which he can be released from jail on a temporary basis but he needs to appear in court on the conditions whenever required by the court. The process of bail takes place while the trial of the accused person is still pending. The primary objective of the provisions providing for the bail should not be to detain and arrest an accused person but to ensure his appearance at the time of trial if held guilty of that offense. In accordance, he will be available to suffer the consequence of the offense as such committed, in terms of punishment in accordance with the law.

Author: This article was written by Akanksha, B.A. LLB, student of Guru Nanak Dev University, Amritsar, Punjab.

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