criminal procedure code with case laws

1. Provisions as to bail and bonds
Sec. 436 : In What Cases Bail To Be Taken
Sec436a :Maximum Period For Which An Undertrial Prisoner Can Be Detained
Sec.437 :When Bail May Taken In Case Of Non-bailable Offence
Sec.437a:bail Ta Require Accused To Appear Before The Next Appellate
Court
Sec.438 :Directions For Grant Of Bail To Person Apprehending Bail
Sec.439 :Special Powers Or High Court And Court Of Session Regarding Bail

2. Section 436
436(1) 436(2)
No
reasonable
ground
That no
commissio
n of non
bailable
offence
Accused shall
be released
on bail . As a
matter of
right
PROVIDED THAT:-
Where such person indigent
And is unable to furnish surety
Discharged him on his executing a
bond without sureties.

3. SEC. 436 in what cases bail to be taken [r.w . 50(2)]
• When any person
• other than a person accused of a non- bailable offences
• 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 a custody of such officer
• or at a stage of the proceeding before such court to give bail
• such person shall released on bail.

4. firstly • That the person has been accused of
a bailable offence
Secondly
• That such person has been arrested or
detained by an officer in charge of a police
station without warrant or has been appeared
or brought before the court.
Thirdly • That he is prepared
to give bail.
CONDITIONS:----

5. JUDGEMENTS
1. SANJAY CHANDRA VS. CBI [AIR 2012 SC]
Held:- The principle purpose of bail is to ensure that the accused
person will return for trial ,if he is released after arrest.
2. STATE OF RAJASTHAN VS. BAL CHAND [AIR 1977 SC 224]
Held:- The provision of bail restore the liberty of the arrested person
without jeo-paradize the object of arrest . Therefore the general rule
of bail is not jail.

6. LEADIND CASE:-
MOTI RAM VS. STATE OF M.P. [AIR 1978 SC 1594]
Held:- The right to released on bail u/s 436(1) cannot
be nullified indirectly by fixing too high the amount .
Sec. 440(1) specifically provide that amount of every
such bond [BAIL BOND SHOULD NOT BE
EXCESSIVE]

7. Insertion of new section 436-A
Max. period for which an Under-trial can be detained [By
2005 amendment]
------This section allows a person to be
released on his own surety if he has already spent half the minimum
sentence period for the alleged crime in jail.
However ,this does not apply if death is
punishments specified for the offence.

8. SEC.437
When bail may be taken in case of non-bailable
offence
Sec.437(2)
No reasonable ground
then grant of bail
Sec.437(4)
Given reason in writing by
court to grant bail or not.
Sec.437(6)
If trial is not
concluded within
60 days
Sec.437(7)
Reasonable
grounds for
believing that
accused is not
guilty ,it shall
release the
accused
Sec.437(5)
cancellation of
bail:- Re- arrest
and commit him
to custody
Sec.437(3):- conditions may be
imposed in following cases.
Accused suspected of the
commission of an offence which
may extend to 7 years
imprisonment or under IPC
chapter VI,XVI,XVII---any such
offence is released on bail. Three
conditions (1) shall attend the court.
(2) not commit similar offence (3) no
inducement, threat or promise
Sec.437(1)
>accused or suspected person
committed of non- bailable
offence
>Accused arrested or detained
without warrant. Except in
following cases
Committed
offence shall not
be punishable
with death or life
imprisonment
He Shall not
be previously
convicted

9. Non
bailable
u/s 437
Discretion
of the
court
Shall not be
released on bail
if the following
conditions are
fulfilled
Conditions:-
• Below 16 years of age
• Sick
• Infirm, for other reasons .
Conditional bail
1. punishable with
death or life imprisonment
2. Previously convicted of an
offence:-
• Punishable with death or life
imprisonment
• Or imprisonment for 7 years or more
• Or had been previously convicted on
two or more occasions

10. JUDGEMENT
GURCHARAN SINGH VS. STATE(DELHI ADMINISTERATION) [AIR 1978 SC
179]
HELD:- Guidelines by supreme court:-
• Nature and gravity of charge
• The danger of the likelihood of the accused person’s
absconding if he is released
• The danger of witness being tempered with.
• Position and status of the accused
• Health ,age & sex of the accused
• Prevention of offence being repeated.

11. JUDGEMENT
DR. VINOD BHANDHARI VS .STATE OF M.P. (AIR 2015 SC)
HELD:-
Court should certainly be taken into
consideration the delay in concluding the trial while
deciding the bail application.
Other factors viz.,
seriousness of the offence and the
possibility of the accused influencing course of trial
are equally important.

12. Sec.437(5)
Sec.
439(2)
CANCELLATION
OF BAIL
Any court which
has released
person an bail u/s 437(1)&(2)
May considers it necessary so
To do , direct that such person be
arrested and commit him to custody.
[ Re- arrest of person]
A High Court or Court Of
Session may
Direct any person released
on bail under this Chapter
be arrested and commit him
to custody.

13. Grounds for cancellation of bail:-----
1.Accused misuses liberty
2.Interferes with the course of investigation
3.Attempts to temper with evidence
4.Threaten witnesses which would hamper smooth
investigation
5.Liklihood of the accused fleeing away to another country
6.Attempts to make himself scare by going underground
grave offences
7.Others.

14. JUDGEMENT
SURENDRA SINGH VS. STATE OF BIHAR [ AIR
1990 CR.LJ 1904(Pat)]
Held:- some grounds are mentioned
1. 1.when the committed offence created serious law
and order in the society
2. If the High Court finds that the lower court granting bail
has exercised its judicial power wrongfully
3. If the life if the accused itself be in danger.

15. SECTION 438 :PRE ARREST BAIL[ANTICIPATORY BAIL]
Section 438 of cr.p.c. empowers high court and session
court to grant pre arrest bail in case of exceptional
nature.
CONDITIONS:-
• Genuine proved apprehension of imminent arrest
• Petitioner should physically surrender to the court
• Apprehension of harassment and under irreparable
humiliation by unjustified arrest
• It should be otherwise fit case on merits
CANNOT BE CLAIMED AS MATTER OF RIGHT

16. JUDGEMENT
GURBAKSH SINGH SIBBIA V. STATE OF PUNJAB
[AIR 1980 SC 1632]
HELD:- Guidelines by supreme court
• Court must consider particular facts & circumtrances of the case
• Use of expression of believe in sec 438 (1) [mere fear is not belief
• Legally it is impossible to pass ex-parte order
• No anticipatory bail after arrest
• Grant only in exceptional cases

17. JUDGEMENT
STATE [CBI] V. ANNIL SHARMA[ AIR 1997 SCC 187]
HELD:-
In this case the court accepted the
argument that it is a case of corruption,.
And court refused anticipatory bail to an M.L.A.
and son of former union minister for tele-
communication

18. LEGAL PROVISIONS RELATING TO BAIL BY
POLICE AND MAGISTRATE
BAIL BY POLICE
 Arrest made without warrant
 Arrest was made in pursuance
of warrant of arrest [sec. 71 &
81]
 Powers:- Sections
42,43,56,59,169,170,436,437 and
schedule 5 of the code.
BAIL BY MAGISTRATE
 Sections:-
59,81,88,106-
110,116,117,124,309,330
,340,346,349,360,389,39
5,397,437,

19. Sec.440 :Amount Of Bond And Reduction Thereof
Sec.441 :Bond Of Accused And Sureties
Sec.441A :declaration By Sureties
Sec.442 :Discharge From Custody
SEC443 :power to order sufficient bail when that first taken is insufficient.
SEC444 :discharge of sureties
SEC445 :Deposit instead of recognizance
SEC446 :Procedure when bond has been forfeited
SEC446A :Cancellation of bail and bail bond
SEC447 :Procedure in case of insolvency or death of surety or when a bond is forfeited
SEC448 :Bond required from minor
SEC449 :Appeal from orders under section 446
SEC450 :Power to direct levy of amount due on certain recognizance.