Bail Not Jail - First Principle Of Justice. Bail Jarurat Bhi Aur Adhikar Bhi Jamanat Kaise Milti Hai

Article 21 of the Indian Constitution grants the right to life and personal liberty to every individual. It upholds the fundamental right to live with dignity and personal freedom, which includes the entitlement to seek bail when detained by any law enforcement agency. In India, bail is the legal mechanism that reconciles the accused person’s right to freedom with the public interest of ensuring their appearance in court for trial. It involves the judicial release of an accused person from custody, subject to the condition that they will appear in court at a later stage. Criminal offenses in India are categorized as bailable and non-bailable crimes.

These are Five kinds of bails -
Regular Bail, Anticipatory Bail, Interim Bail, Default Bail
and Medical Bail. Let us understand each of these in detail.
Regular bail refers to a legal mechanism through which a court can order the release of a person in custody on suspicion of committing an offense, with the condition that they do not obstruct the course of justice. This kinds of bail may involve executing a bond with sureties. When a person is arrested for a bailable offense, they have the right to be released as outlined in Section 436 of the Code of Criminal Procedure (CrPC).

The court imposes a statutory duty on the police officer to grant bail upon request. Additionally, the maximum period of detention for an undertrial prisoner is defined, stating that if the accused has been detained for a duration equivalent to 50% of the maximum imprisonment term for the offense during the investigation, they shall be released by the court upon executing a bond, with or without sureties.

On the other hand, for a person detained on suspicion of committing a non-bailable offense, the grant of bail is discretionary, and it can be availed only if a strong case is presented. However, bail for non-bailable offenses can be granted based on specific grounds, including:

If the accused is below or at 16 years of age.

If the accused is a woman.

If the accused is ill or infirm.

For habitual offenders, bail is granted only under special circumstances.
In case of Default Bail According to Section 167 of the Code of Criminal Procedure (CrPC), when a person is arrested and the investigation cannot be completed within 24 hours, they must be presented before a Magistrate. The Magistrate can then authorize their detention for a maximum period of 15 days. Typically, this detention period is extended by an additional 15 days to allow the police or investigating agency to complete their investigation. However, Section 167(2) of the CrPC specifies that in cases involving offenses punishable by death, life imprisonment, or imprisonment of at least 10 years, the detention period cannot exceed 90 days.

For other offenses, the limit is 60 days. If the police or investigating agency fails to file a chargesheet or complaint within the specified period, the accused is entitled to default bail. This right is absolute and not at the discretion of the Court. If the accused can demonstrate that the required 60 or 90 days have passed since their arrest without any chargesheet or complaint being filed, the Court is obligated to grant them default bail.
 Medical Bail is kinds of bail granted to individuals based solely on medical grounds. It is primarily considered in cases where the person’s health condition requires immediate medical attention or specialized treatment. When medical bail is granted, the Courts typically do not delve into the merits of the case or assess whether the usual criteria for bail are fulfilled. The focus is primarily on the individual’s medical needs and ensuring their well-being.

Grounds for granting bail to both bailable and non-bailable offences

The grounds for granting bail to both bailable and non-bailable offences are based on certain factors. One of the key considerations is the presumption of innocence, where the accused is given the benefit of the doubt regarding their involvement in the crime. Furthermore, an inquiry into the offence is necessary to establish the extent of their involvement. Additionally, bail may be granted if the offence is of a minor nature that does not carry a punishment of imprisonment for ten years or more, life imprisonment, or the death penalty. These factors play a crucial role in determining whether bail can be granted to the accused.

What is interim bail?

The interim bail is granted before the hearing for the grant of regular or anticipatory bail and a very short period.

Is it necessary for the individual to obtain regular bail while he already has anticipatory bail?

No, in this case,the individual does not need to get regular bail since their anticipatory bail will be valid until the procedure of trial is completed unless the judge cancels it. In such cases, anticipatory bail is converted to regular bail at the court’s request.