Last Updated on July 5, 2020 by Satish Mishra
In this post, we will know about Regular Bail Procedure in Chandigarh Panchkula Mohali elaborating the definition, types of bail explained through case laws. Know the section of CrPC which the explains the procedural aspect of this provision.
Also Read- Bail, Anticipatory Bail, Regular Bail, Interim Bail in Chandigarh
Bail
Bail is the release of an accused person in criminal matter in which court is about to announce the judgement. A person is granted bail in a bailable offence after the bail bond is presented before the court and with a promise that he will be present in the court whenever asked until the proceedings are finished. Bail can be granted as a conditional liberty to the accused
Types of bail
- Regular bail: person who is arrested and is already kept in the police custody is granted the regular bail under section 437 and section 439 of Crpc.
- Interim bail: Interim bail is a bail granted for a short period of time. Interim bail is granted to an accused before the hearing for the grant of regular bail or anticipatory bail.
- Anticipatory bail:A bail under Section 438 is a bail before arrest and a person cannot be arrested by the police if the anticipatory bail has been granted by the court.
Also Read- In What Cases Bail Can Be Cancelled?
Regular Bail
A person who is arrested and is already kept in the police custody is granted the regular bail under section 437 and section 439 of CrPc.
Section 437: when bail may be taken in case of non bailable offence
Section 439: special powers of high court or court of session regarding bail
Also Read- How to Get Bail in India
Case law
State Through C.B.I vs Amaramani Tripathi
Supreme court stated following Factors to be considered before granting regular bail
following factors are to be considered in an application for bail:
- Whether there is any prima facie or reasonable ground to believe that the accused had committed the offence;
- Nature and gravity of the charge;
- Severity of the punishment in the event of conviction;
- Danger of accused absconding or fleeing if released on bail;
- Character, behaviour, means, position and standing of the accused;
- Likelihood of the offence being repeated;
- Reasonable apprehension of the witnesses being threatened; and danger, of course, of justice being thwarted by grant of bail (Prahlad Singh bhati vs. Nct, delhi 2001 (4) SCC 280 and Gurcharan Singh vs. state (Delhi administration) air 1978 sc 179).
- While a vague allegation that accused may tamper with the evidence or witnesses may not be a ground to refuse bail, if the accused is of such character that his mere presence at large would intimidate the witnesses or if there is material to show that he will use his liberty to subvert justice or tamper with the evidence, then bail will be refused.
Also Read- High Court of Punjab and Haryana Faq
For case specific advice, please contact best top Regular Bail lawyers in Chandigarh Panchkula Mohali Zirakpur Derbassi Baltana.
This post is written by Minesh Joshi.
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