bail in india under CRPC

1. BAIL-PRACTICE AND PROCEDURE
(S. 436-450)

2. Contents
• Interesting facts about Bail
• Bail-Meaning
• Bail: Concept and Principle
• Types of Bail
• Stages of granting bail
• In what cases bail can be taken
• Mandatory circumstances for granting bail
• Discretion of court for granting bail
• Various factors court consider for granting bail.
• Requirements for taking the bail from in-charge of police station
• Requirements for taking the bail from Magistrate/Session
Court/ High Court
• Requirements for taking the bail from Supreme Court

3. Interesting facts about Bail
Not
Defined
No
Res-judicata
No
Appeal
Deemed
Custody of
Court
Subsequent
Bail in same
Court

4. Bail-Meaning
• Bail, in law, means procurement of release from
prison of a person awaiting trial or an appeal, by
the deposit of security to ensure his submission
at the required time to legal authority.
• The monetary value of the security is called as bail
bond.
• Value is set by the court having jurisdiction over
the prisoner.
• The security may be cash, the papers giving title to
property (moveable or immoveable), or the bond of
private persons of means.

5. Bail: Concept and Principle
• The concept of bail can traced back to 399 BC, when
Plato tried to create a bond for the release of Socrates.
• Bail is rule Jail is an Exception.
• Article 21 of the Indian Constitution guaranteed
fundamental right to freedom to every citizen of India,
which specifically states:
▫ "No person shall be deprived of his life or personal liberty
except according to procedure established by law.”

6. Types of Bail
Interim/
Anticipatory
Bail
Regular Bail Bail on Arrest/
Bail by police
Default Bail/
Statutory Bail Blanket bail

7. Stages of granting bail
• There are 3 stages:
▫ Pre-trial (by police/ by court)
▫ Post – trial (by court)
▫ During trial (by court)

8. • Bailable/ non-
cognizable offences
• Non- bailable/
cognizable offences

9. Mandatory circumstances for granting bail
• Bailable offence (S. 436 (2))
• Investigation not completed within
prescribed time period ( s. 167 (2))
• No reasonable ground for believing
that accused is guilty of non-bailable
offence (S. 437 (2) (4))
• Where trial before magistrate not
concluded in 60 days (S. 437 (6))
• Where no reasonable ground exists
for believing the accused guilty after
conclusion of trial but before
judgement (S. 437 (7))

10. Discretion of court for granting bail
Non- Bailable
offence
With conditions
Shall not
grant
May Grant
Punishment
3-7 years
Death Penalty/ Life
imprisonment
Discretion of court/
just and reasonable
grounds

11. Various factors court consider for granting
bail..
▫ Nature or seriousness of the offence
▫ The character of the evidence
▫ Circumstances which are peculiar to the accused
▫ Reasonable apprehension of the witnesses being tampered
with
▫ The larger interests of the public or the state and similar other
factors.
▫ Medical conditions of the Accused
▫ Age of the accused
▫ Sex of the accused
▫ Previous conduct of the accused

13. Requirements for taking the bail from in-
charge of police station
• Bail bond
• Security (Amount of bail/ copy of papers of
property)
• Sureties
• Photograph of surety/accused/witness
• One witness
• Personal Identity Proof

14. Requirements for taking the bail from
Magistrate/Session Court/ High Court
• Copy of FIR
• Bail application
• Affidavit supporting bail application
• Court fee
• Record of the police/magistrate court /session court (to be called by court)
• Bail bond/ personal bond ( if bail granted)
• Security (Amount of bail/ copy of papers of property)
• Surety/Sureties
• Photograph of surety/accused/witness
• One witness
• Personal identity Proof
• Copy of the order of magistrate court (for session court)
• Copy of the order of session court ( for High Court)

15. Requirements for taking the bail from
Supreme Court
• Bail Application
• Affidavit of the accused or pairokar
• Record of the High Court ( to be called by court)
• Copy of order of High Court
• Court fee

16. •Thanks