WHAT IS BAIL ?
Bail is the security for the appearance of the accused person on which he is released pending trial or investigation.
Its purpose is to “procure the release of a person from legal custody, by undertaking that he/she shall appear at the time and place designated and submit him/herself to the court or any competent authority.”
Simply, it can be understood that bail means the release of person from custody, on taking surety from him. So, the bail is the security for appearance.
Note: In case of Bailable offence, the bail me be taken as a matter of right from the Police itself, but in case of Non-bailable offence it can not be taken as a matter of right and police cannot grant bail in such cases.
In case of non-bailable offence one has to approach the court of law under relevant procedure.
TYPES OF BAIL.
Generally, there are two types of bail.
⦁ Regular Bail
⦁ Anticipatory Bail.
⦁ Regular Bail: Regular bail is commonly known as Bail. The regular bail is sought when an offender is already arrested and is in the custody of police or in jail. The provision of regular bail is given under sec 437 & 439 of Criminal Procedure Code, 1973, depending upon the nature of offence.
⦁ Anticipatory Bail.: Anticipatory bail means, when bail is taken prior of arrest of offender. I.e., person is having an apprehension that he is suspect in an offence or he is having some kind of involvement in such offence and he may be arrested by the police. So, in order to safeguard himself from the arrest, the application for anticipatory bail is applied immediately before the competent court. The provision of anticipatory bail is under sec 438 of Criminal Procedure code, 1973 and the power to grant this kind of bail is with the Session Court and High court only.
As Already discussed above that in case of non-bailable offence the bail is not a matter of right, but it does not mean that in case of non-bailable offence the bail is not granted. But it is totally the discretion of concerned court. However, it is general rule as stated that “Bail is rule and jail is Exception”. However, if court believes that, if the person released on bail, may cause harm to any witness of such case and may cause any kind of harm to the society or may not come to the court or competent agency whenever asks for his appearance then court may reject the application for bail.
CANCELLATION OF BAIL
While granting bail the Court is having power to impose certain conditions or restriction upon the offender and same has to be adhere by the offender. Failure of which may lead to cancellation of bail.
Our Law is having clear provision for cancellation of bail under sec 437(5) & 439(2) depending upon the nature of offence to take the offender back in the custody.
The power of cancellation of bail can be resorted to broadly in the following two situations:
⦁ On merits of a case mainly on the ground of the order granting bail being perverse, or passed without due application of mind or in violation of any substantive or procedural law; and
⦁ On the ground of misuse of liberty after the grant of bail or other supervening circumstances.
Note: Bail in the first type of cases can be cancelled by superior courts only, whereas in the second category of cases bail can be cancelled by the very court which may have granted bail.
When bail may be cancelled ?
(1) misuses his liberty by indulging in similar criminal activity,
(2) interferes with the course of investigation,
(3) attempts to tamper with evidence of witnesses,
(4) threatens witnesses or indulges in similar activities which would hamper smooth investigation,
(5) attempts to flee to another country,
(6) attempts to make himself scarce by going underground or becoming unavailable to the investigating agency,
(7) attempts to place himself beyond the reach of his surety, etc.
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