Assignment D:

Drafting and arguing bail application –

Bail can be defined as the temporary release of an accused person awaiting
trial, sometimes on condition that a sum of money is lodged to guarantee their
appearance in court. It is applied by filing Bail Application and that can be filed
at any stage of criminal proceedings i.e., trial. This term has no certain or
specific definition but some time it can be defined as delivering
arrested/accused into the hands of sureties. In order to fail a bail application,
we refer to “Section 496, 497 and 498 of the Criminal Procedure Code of
1898”.
As per the “Second schedule of Criminal Procedure Code, 1898 (CrPC)”, an
offence is of two types: “Bailable offences” and “non-bailable offences”.
“Section 496 of the CrPC” comes into play cases where bail can be taken in
bailable offences. It provides that: when any person, other than a person
accused of a non-bailable offence, is arrested or detained without warrant by
an officer incharge of a police station or appear 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 proceedings, before such Court to give bail, such person shall be
released on bail. Bail cannot be refused by Court in such offences.
Whereas, “Section 497 of the CrPC” deals with cases where bail may be taken
in case of non-bailable offence. As a general rule, the Court shall release a
person on bail accused of non bailable offence and who is in police custody.
There are three exceptions to this rule in which court shall not ordinarily admit
accused to bail. They are as follows:
1. Where the Court has reasons to believe that the accused is guilty of
offence punishable with death
2. Or life imprisonment
3. Or imprisonment for ten years
Then in such cases, the court might restrain from granting bail to the accused.
The provision also provides for bail if the accused is under sixteen years of age,
or is a woman, or is sick or infirm.
“S. 498” power to direct admission to bah or reduction of bail.
The bail application requires:
1. Court name
2. Parties name
3. Brief contents of the case
4. Mentioning of section under which the bail application is being made,
court is requested to grant bail
5. Facts of the case
6. Grounds on which bail is being requested