Bail Laws in India: A Complete Guide for Accused Persons
Bail ensures that the suspect is allowed to be freed from prison. For the innocent suspect, bail is important because it allows the suspect some time to gather evidence so that when the case is put before the court of law, the suspect is able to show that they are not guilty. The main reason for bail is not to keep the suspect locked away as a punishment before the guilt is proven but to safeguard the liberty of the suspect.
*Kinds of Bail in India*
*Regular Bail*
If a person indulges in an offense which is a non-bailable offense, it implies that the offense is of a nature that a police officer can arrest that person without a warrant and also initiate an investigation without consulting a court. In these instances, a bail application is filed under sections 437 and 439 of Code of Criminal Procedure (CrPC). The person who has power to issue regular bail is a Magistrate Sessions Court or a High Court.
*Anticipatory Bail*
Anticipatory bail is a type of self-protective relief It becomes applicable when a person feels that a false and motivated charge may be framed against him and he may be arrested In such cases, he is free to move for anticipatory bail These days, in the name of fame or other motives persons often go to the extent of filing false FIRs against someone. Anticipatory bail jurisdiction is not exercised post-arrest. It is exercised even prior to the arrest of the accused. This is provided under Section 438 of the Criminal Procedure of Code (CrPC)
*Interim Bail*
This bail is given on a temporary basis that is it is given for a short period which it is normally given in instances involving excessive pendency or delay until a determination has been made on a bail application which is its main purpose providing relief to a person in a pressing need.
*Bailable vs Non-Bailable Offence*
Off It is necessary to understand the concept of bail it is also necessary to understand whether it falls under bailable or non-bailable offences.
*Bailable offences*
They also entail some circumstances and motives. For instance, if one commits murder out of self-defense then circumstances surrounding the occasion on which the crime was committed are closely investigated. The other circumstance could be that one is in the vicinity of the crime and is not participating in the offense, and in such a case, one can demand bail if he or she has valid proof that he or she is innocent.The kind of crimes, if one has managed to prove his or her innocence, then he or she can get bail.
*Nonbailable*
In the case of non-bailable offences, if one-offsends the trial with a serious offence which is not at all bailable, like murder or rape or economic offences, bail becomes a matter entirely within the discretion of the court economic offences are those crimes which affect money or property or business or the economic system whose prime motive is economic gain. In all such matters the matter of bail is entirely within the discretion of the court.
*How A Lawyer Helps In Bail Cases* An important aspect of the case of bail is the intervention of the lawyer. A lawyer studies the case very well to see to it that an innocent client is not punished and a client with a guilty charge is punished when a lawyer examines all aspects of the case and also helps the client by preparing a proper bail application this includes the investigation of the background of the client regarding criminal aspects and the client having adequate evidence in order to grant bail this further includes the observation of the rights of the client like protecting them against illegal detention and policemen harassing them