Introduction

Article 21 of the Constitution of India guarantees the protection of life and personal
liberty to all persons. It guarantees the fundamental right to live with human dignity
and personal liberty, which in turn gives us the right to ask for bail when arrested by
any law enforcement authority.

Meaning 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 can be granted to the accused person for conditional release.
The term ‘Bail’ has not been defined under the Criminal Procedure Code, 1973. Only
the term ‘Bailable Offence’ and ‘Non-Bailable Offence’ has been defined

Categories of bail

Bailable offences theft, causing hurt, mischief, defamation, and simple assault .
 means an offence that is classified as bailable in the First Schedule of the Code,
or which is classified as bailable under any other law .
 The police officer or any other authority has no right to reject the bail if the
accused is ready to furnish bail.
 arrest without a warrant and at any stage of the proceedings has the right to be
released on bail.
Bail in case of bailable offence
 When any person is arrested or detained without warrant by an police
officer, or appears or is brought before a Court, and is prepared at
any time while in the custody of such officer or at any stage of the
proceeding before such Court to give bail, such person shall be
released on bail.
 At any of proceeding , at any time ,at any stage of the case can grant
bail


Non-bailable offences rape, murder, human trafficking, kidnapping,

counterfeiting, and terrorism.

 A person accused of a non-bailable offence cannot claim bail as a right.

 A person accused of non-bailable offences can be granted bail provided the
accused does not qualify the following conditions:
 offence punishable with death penalty or life imprisonment.
 committed a cognizable offence
 previously convicted of an offence punishable with death, imprisonment for life or
imprisonment of seven years or more.
Bail in case of Non-bailable offence
 the Court or a police officer power to release an accused on bail in a
non-bailable case, unless there appear reasonable grounds that the
accused has been guilty of an offence punishable with death or with
imprisonment for life.

 There are exceptional cases in which law gives special consideration
in favour of cases where the accused is a minor below 16, a woman, a
sick person etc.

Different types of bail

Regular bail
 The court orders the release of a person who is under arrest, from police
custody after paying the amount as bail money. An accused can apply for
regular bail under Section 437 and 439 of CrPC.

Interim bail

 This is a direct order by the court to provide temporary and short term bail to
the accused until his regular or anticipatory bail application is pending before
the court. The Supreme Court noticed the misuse of interim bail by the accused
in Rukmani Mahato vs. the State of Jharkhand.

Anticipatory bail
 This is a direct order of Sessions or High Court to provide pre-arrest bail to an
accused of a crime.
 When the person has an apprehension of being arrested, the person can apply
for anticipatory bail.
 Sometimes, an application for anticipatory bail may go against the person, as it
might alert an investigation agency regarding the involvement of that person in a
crime.

Standard conditions while granting anticipatory bail

 Accused should present himself / herself for interrogation by the investigation
office as and when asked to appear.
 Accused should not directly or indirectly try to induce, threaten, or promise to
any person related to the case who knows the facts of the case,
 Accused should not leave the country with prior permission of the court
 Any other condition which the honourable court deems fit.

Cancellation of bail
 the Sessions Court, High Court, or Supreme Court can, suo moto, cancel the bail
granted to the accused and transfer the accused to custody.
 Magistrate does not have an authority to cancel bail granted by a
police officer. (in bailable offence court jane se phale)
  the court which has granted bail can cancel it, if found necessary under certain
conditions.
 an appellate court can also cancel the bail of the accused and order the accused
to be arrested and sent to custody.
Bond of accused and sureties.
 If any condition is imposed while giving bail to a person such condition is to be
mentioned in bond.
 A written promise, signed by the offender or a person who gives surety of the
offender presence in the court when called upon, to pay a certain amount fixed
by a court or police officer.
 If required the bond shall also binds the person to appear in HC , session court,
other court when needed.
 purpose of determining whether the sureties are fit or sufficient, the
Court may accept affidavits in proof of the facts.

Trial of Warrant Cases by Magistrates

 Criminal cases can be divided into two types: Summons Case and Warrant Case.
A summons case relates to an offence not being in a warrant case.
 Warrant cases are those that include offences punishable with death penalty,
imprisonment for life or imprisonment exceeding more than two years.
 criteria that differ a summons case from a warrant case is determined by the
duration of punishment in any offence.
 Section 238 to 250 of the Criminal Procedure Code, 1973 (CrPC) deals with the
trial of warrant cases by magistrates. Trial of warrant cases are of two types:
 By a police report-
 By other than a police report- The complaint is filed directly with the Magistrate
in this case.
 By a police report
 Compliance with Section 207; supply of copies to accused
 When accused shall be discharged;
 Framing of charge;
 Conviction on a plea of guilty;
 Evidence for Prosecution;
 Evidence for Defence Side;

 Supply of copies to the accused

 A copy of the police report and other documents relevant to the case should be
supplied to any person or persons who appears or is brought before a magistrate
at the commencement of the trial
 ensure that the accused are aware of the charges against him and can prepare
for defence under fair trial by law.

Discharge of accused if allegations against him are baseless

 Once the Magistrate receives the police report and other relevant documents and
provides them to the accused, the Magistrate shall consider each report.
  A hearing shall be convened and a reasonable opportunity shall be provided for
both the accused prosecution to present their case.
 The Magistrate examines the accused if necessary.
 If the charge against the accused is discovered to be baseless and lacking in
substance, the accused shall be discharged.

Framing of charge
 the Magistrate to consider the police report and even to examine the accused if
he feels the need to.
 If the Magistrate feels the presence of valid grounds to presume that the accused
has committed the offence and is capable of committing such an offence, and he
is competent to try the offence to adequately punish the accused in his opinion.
 Then the written charge is framed against the accused and the trial is conducted
after the charge is read and explained to the accused.

Explaining the charge to the accused

 the charge against the accused shall be read and explained to the accused in
whichever language he understands.

Conviction on a guilty plea

 if guilty convicted and judgement
 if not guilty

Evidence for prosecution

 the procedure with regards to the gathering of evidence against the offender and
recording the evidence after examination and cross-examination to acquit or
convict an accused individual.
 The burden of proving the accused guilty is on the prosecution and the evidence
must be beyond a reasonable doubt
 Prosecution can summon witnesses and present other evidence in order to prove
the offence and link it to the offender.
 This process of proving an accused individual guilty by examining witnesses is
called examination in chief.
Steps in evidence presentation of prosecution
 Fixing date for the examination of witnesses
 Examination of witnesses
 Presentation of evidence
 Record of the evidence

Evidence for the defence

 After the prosecution is finished with the examination of the witness, the accused
may enter his defence in a written statement and the Magistrate shall file it with
the record.
 an application may be put to the Magistrate to perform cross-examination of any
witness presented by the prosecution.

Written statement of accused

Given by accused in the reply of the case filed. In written or orally before the
magistrate
Nd can be given by the authorized person of the accused.

Examination of witnesses for the defence

Application for examination or cross examination of witness to magistrate.
grounds of refusal of the application by defence shall be recorded by the
Magistrate in writing.

Record of the evidence

any evidence or witness testimonies shall be filed by the Magistrate with the
record
evidence submitted can be in the form of a written statement or orally
submission which the Court shall record
Any written statement submitted by the accused is also filed with the record by
the Magistrate.

Steps in evidence presentation of defence

Court witness
present witnesses to defend the accused.
can point out that the accused was present elsewhere from where the offence
was committed.
witnesses presented by the defence can be cross-examined by the prosecution
Arguments submitted on behalf of defence
 After the closing of evidence, the defence may produce an oral argument
and submit a memorandum to the Court.
 A copy of this memorandum should be supplied to the prosecution.
 court possesses the power to interfere if the oral arguments are not to the
point and irrelevant to the case.

Judgement
 The Magistrate holds the authority to judge the evidence provided by the
defence and its relevance. If any evidence or testimony is in his opinion
irrelevant or lacks substance, it may be thrown out and not filed with the
record.
 evidence can be challenged by the opposing party but only the Magistrate has
the authority to decide whether it shall be filed with the record or thrown out of
the case.