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Bail, Anticipatory Bail, Regular Bail, Interim Bail in Chandigarh

November 19, 2017

Best Bail Lawyers

First of all, let me tell you how many types of bail are there;

  1. Bail at Police Station u/s 436 of CrPC- If the offence is bailable and police have the powers to grant you the bail, then the bail would be first given at the police station only. You would be prior informed by the police that the offence being charged is a bailable one. For ready reference see Sec  436 of CrPC of 1973.  

 

436. In what cases bail to be taken.

(1) When any person other than a person accused of a non-bailable offence is arrested or detained without warrant by an officer in charge of a police station, 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:

 

Provided that such officer or Court, if he or it thinks fit, may, instead of taking bail from such person, discharge him on his executing a bond without sureties for his appearance as hereinafter provided:

 

 Provided further that nothing in this section shall be deemed to affect the provisions of sub-section (3) of section 116 or section 446A1*.

 

(2) Notwithstanding anything contained in sub-section (1), where a person has failed to comply with the conditions of the bail-bond as regards the time and place of attendance, the Court may refuse to release him on bail, when on a subsequent occasion in the same case he appears before the Court or is brought in custody and any such refusal shall be without prejudice to the powers of the Court to call upon any person bound by such bond to pay the penalty thereof under section 446.

 

  1. Bail in non Bailable Offence u/s 437 of CrPC- When you have been charged under non bailable offences as prescribed in IPC and CrPC both, then only Magistrate or Sessions judge can grant you bail. The police have powers to arrest you without warrant and that is a reason to worry. Get in touch with a local lawyer as soon as you even get a whisper that FIR or compliant is lodged against you.  Spending even a night can send you shiver, so a best professional Bail Lawyer in Chandigarh could help you come out of this situation scar free. For ready reference see Sec 437 of CrPC of 1973. “

When bail may be taken in case of non-bailable offence.

437. When bail may be taken in case of non-bailable offence.1*(1) When any person accused of, or suspected of, the commission of any non-bailable offence is arrested or detained without warrant by an officer in charge of a police station or appears or is brought before a Court other than the High Court or Court of Session, he may be released on bail, but-

(i) such person shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life;

(ii) such person shall not be so released if such offence is a cognizable offence and he had been previously convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more, or he had been previously convicted on two or more occasions of a non- bailable and cognizable offence:

 Provided that the Court may direct that a person referred to in clause (i) or clause (ii) be released on bail it such person is under the age of sixteen years or is a woman or is sick or infirm:

Provided further that the Court may also direct that a person referred to in clause (ii) be released on bail if it is satisfied that It is just and proper so to do for any other special reason:

Provided also that the mere fact that an accused person may be required for being identified by witnesses during investigation shall not be sufficient ground for refusing to grant bail if he is otherwise entitled to be released on bail and gives an undertaking that he shall comply with such directions as may be given by the Court.]

 (2) If it appears to such officer or Court at any stage of the investigation, inquiry or trial, as the case may be, that there are not reasonable grounds for believing that the accused has committed a non-bailable offence, but that there are sufficient grounds for further inquiry into his 1*[guilt the accused shall, subject to the provisions of section 446A and pending such inquiry, be released on bail] or at the discretion of such officer or Court, on the execution by him of a bond without sureties for his appearance as hereinafter provided.

(3)When a person accused or suspected of the commission of an offence punishable with imprisonment which may extend to seven years or more or of an offence under Chapter VI, Chapter XVI or Chapter XVII of the Indian Penal Code or abetment of, or conspiracy or attempt to commit, any such offence, is released on bail under sub-section (1), the Court may impose any condition which the Court considers necessary-

(a) in order to ensure that such person shall attend in accordance with the conditions of the bond executed under this Chapter,or

(b) in order to ensure that such person shall not commit an offence similar to the offence of which he is accused or of the commission of which he is suspected, or

(c) otherwise in the interests of justice.

(4) An officer or a Court releasing any person on bail under subsection (1) or sub-section (2), shall record in writing his or its 1*[reasons or special seasons] for so doing.

(5) Any Court which has released a person on bail under subsection (1) or sub-section (2), may, if it considers it necessary so to do, direct that such person be arrested and commit him to custody.

(6) If, in any case triable by a Magistrate, the trial of a person accused of any non-bailable offence is not concluded within a period of sixty days from the first date fixed for taking evidence in the case, such person shall, if he is in custody during the whole of the said period, be released on bail to the satisfaction of the Magistrate, unless for reasons to be recorded in writing, the Magistrate otherwise directs.

(7) If, at any time after the conclusion of the trial of a person accused of a non-bailable offence and before judgment is delivered, the Court is of opinion that there are reasonable grounds for believing that the accused is not guilty of any such offence, it shall release the accused, if he is in custody, on the execution by him of a bond without sureties for his appearance to hear judgment delivered.

  1. Anticipatory bail u/s 438 of CrPC- When you only have the anticipation or likelihood that you will be soon arrested by police or held captivated by them in lieu of Complaint or FIR, not sure whether registered or not, apply for Anticipatory bail before Magistrate first, Sessions second and then High Court at last. For ready reference, the Sec  438 is reproduced “

 

438. Direction for grant of bail to person apprehending arrest.

(1) When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section ; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.

 (2) When the High Court or the Court of Session makes a direction under sub-section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including-

 (i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court ;

 (iv) such other condition as may be imposed under sub- section (3) of section 437, as if the bail were granted under that section.

 (3) If such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, be shall be released on bail; and if a Magistrate taking cognizance of such offence decides that a warrant should issue in the first instance against that person, he shall issue a bailable warrant in conformity with the direction of the Court under sub-section (1).

  1. Bails before Session/High Court u/s 439 CrPC- When you have got refusal from all the courts and all above cases are applied, then the only remedy left is under this section. It will be first Sessions and then High Court, settled preposition of law. You genuinely have to make out a case here and usually this section is applied when the person has already gone 2-3 months in jail or considerable period of imprisonment as per the final verdict. Applications can be filed ‘N’ number of times during different years of the imprisonment or trial in question or whenever new facts are founded that can change the fate of the case and accused in question. For reference the, Sec 439 has been reproduced “

 

439. Special powers of High Court or Court of Session regarding bail. (1) A High Court or Court of Session may direct-

 

 (a) that any person accused of an offence and in custody be released on bail, and if the offence is of the nature specified in subsection (3) of section 437, may impose any condition which it considers necessary for the purposes mentioned in that sub-section;

 

 (b) that any condition imposed by a Magistrate when releasing an person on bail be set aside or modified :

 

Provided that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence which is triable exclusively by the Court of Session or which, though not so triable, is punishable with imprisonment for life, give notice of the application for bail to the Public Prosecutor unless it is, for reasons to be recorded in writing, of opinion that it is not practicable to give such notice.

 

(2) A High Court or Court of Session may direct that any person who has been released on bail under this Chapter be arrested and commit him to custody.

 

  1. Interim Bail- When all your bail applications are pending and you want relief only for a small fixed period of time which can be 1 week, 1 month or 1 day depends on your reasoning. It will only be granted subject to furnishing of surety, security and sufficient bail bonds. Your past antecedents always play a pivotal role in deciding whether your bail application should be granted or not.

 

Primary grounds bail can be granted:

i.No prima facie case made out in FIR or there is a delay.

ii.Civil Dispute coloured to give Criminal offence.

iii.Past Record, Family Antecedents, Profession and stature in Society.

iv.Likelihood of absconding and misuse of Bail concession.

v.Threat to victims, complainant , impact on investigation and society moral.

vi.Ability to furnish bail bonds, surety and satisfy the court in monetary terms.

vii.Nature of Crime. Bail is rarely given in rape cases, cold blooded murders, against children, minors, girls, women and deprived sections of society. The heinous crimes don’ get the benefit of bail. Also, the relationship between accoused and victim plays a crucial role in proceedings.

viii.No clear evidence, case based on surmises and conjectures. Ingredients of IPC sections imposed is not being fulfilled in entirety.

ix.Finally, facts of the case, how close you are connected to crime or there is doubt. Well, if there is a doubt then certainly you will have the benefit.

 

Apart from this, one can also file application u/s 389 for Suspension of sentence meanwhile the appeal or proceedings are pending in court. The courts will consider various grounds before suspending your sentence. Must tell you it is not a right rather reason for social justice whether you should be held captivated or not depending on the nature of crime you have done.

You will be happy to hear that in general parlance, Bail is Rule and Jail is exception. Only to balance the odds of justice against evil forces, courts have to take these measures and repose faith in justice and equality. We may have certain notions about the judiciary but for a mankind to regulate such mass population referring to India is a mammoth task and it is really difficult to avoid influence and power. There are times when the public pressure has prevailed over the courts and equally courts have resisted the public pressure.

It is appropriate to mention Baba Ram Rahim and Aarushi Talwar’s case in above scenario. Both have been facing tryst with Indian Judiciary for a considerable long period of time and one is captivated and one is held in jail.

Someone rightly said, don’t know who and to whom but somewhere in Bollywood, that Law has long hands with wider reach and penetration. You will not know when it reaches evil until one day it does actually. So, the principles of progressive societies are governed on rules and regulations that are followed and hailed by its citizens not flouted. One must obey and not break rules.

But one must fight injustice also with much stronger force. Freedom is right and to stay protected is your right. Don’t let any misuse the legal process to threaten you. Stay vigil, stay alert and always have the company of good lawyers around you.

So if you are lately being harassed or victimized for no cause or your name has been taken up in complaint or connected FIR’s you must be before courts earliest to avail the remedy of bail. It is never too late to concerned best bail, Anticipatory Bail, Regular Bail, Interim Bail Criminal lawyers in Chandigarh, Panchkula, Mohali, and for entire Punjab and Haryana High Court at Chandigarh.

Have any questions for me, drop me line at advocatesatish7@gmail.com or say hello at 9988817966. Stay tuned for more information on Bail Related matters and Criminal law. 

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hey!! good job please keep it up!!!



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