A regular bail is sought after an accused has been arrested by the police / investigating agency. When a person is arrested, he has to be produced before a Magistrate within 24 hours of arrest. The Magistrate can then send the accused to either police or judicial custody. At this point in time, a regular bail application is filed seeking release of the accused on bail from the custody.The provisions related to bail are defined under chapter XXXIII of CrPC, 1973. The concept of bail is an important aspect of the Indian legal system that plays a crucial role in protecting individual rights and maintaining social justice. There are three types of bail, namely regular bail, interim bail, and anticipatory bail. Regular Bail allows the accused person to be released from custody on the execution of a bond, with or without sureties, while interim bail is granted to the accused for a short period during the pendency of their bail application.
Concepts of Bail
The concept of bail refers to the release of an accused person from the custody of the police. The term ‘bail’ is not defined under the Criminal Procedure Code (CrPC), sections 437 and 439 talk about the provision related to bail. Bail can be granted in both bailable and non-bailable offences, but there are certain conditions to be done when granting regular bail in the case of non-bailable offences.
Section 437 of the CrPC discusses the provision for bail in cases of non-bailable offences. If the police have arrested an individual for a non-bailable offence, they can apply for bail, and it depends upon the discretion of the court whether or not to grant bail based on certain conditions.
On the other hand, section 439 talks about the provision granting powers to the high court or court of session regarding bail. These provisions are in place to ensure that the judicial system is fair and just and that an accused person is given the opportunity to defend themselves without being held in custody.
What is Regular Bail?
The concept of regular bail in India is governed by the Code of Criminal Procedure (CrPC), 1973 especially under the chapter number XXXIII which contains provisions regarding bail and bonds. In this perspective, the regular bail is a form of release which permits an accused person to be out of custody after being arrested, and also attend court sessions without being held in prison. While anticipatory bail is sought before arrest, regular bail can be sought only after arrest of the accused. This is an important legal provision as it fulfills the rights of the accused person as well as addressing the justice system needs.
Types of offences
There are two types of offences defined under CrPC. The offences are defined as follows :
1. Bailable offences – Bailable offences are those offences which are considered as less serious in nature and for which the punishment is imprisonment of 3 years or less than 3 years. Bailable offences are defined under section 2(a) of CrPC. In the cases of non-bailable offences, police have the power to grant bail to the accused person at the time of arrest with or without sureties.
2. Non-bailable offences – Non-bailable offences are those which are serious in nature and the punishment is imprisonment of 3 years or more. Section 2(a) defined, ‘non-bailable offences as any other offences. In cases of non-bailable offences bail cannot be granted by police. The competent Courts have the authority to release the accused on bail or not in case of non-bailable offences.
Regular Bail Provision Under CrPC and Legal Basis
The legal provision for regular bail provision is contained under Section 436 and section 437 of the Criminal Procedure Code (CrPC), 1973. These sections define the process for securing bail after an arrest. Section 436 CrPC provides that if the offense is bailable the accused has an automatic right to be released on bail and can be released by fulfilling court formalities such as providing surety. However, Section 437 CrPC relates to non- bailable offenses for which bail is allowed but on merit or at the pleasure of the court. In such cases, characteristics like the severity of the crime that the offender is being accused of, risk of flight, and whether he or she possesses the capacity of interfering with evidence has a crucial role to be played by the court.
Additionally, section 439 of CrPC also provides the authority to the higher courts like the Sessions court and the High court to analyze the bail applications and decide the terms of the release. This section avoids arbitrary granting of bails, and allows the accused to argue their stand in a court. Knowledge of this form of regular bail is crucial to anyone who wants to learn about criminal justice since bail provisions protect the accused’s rights while serving the course of justice.
Regular Bail Application Format
In the case of regular bail, it is important to ensure that the regular bail application format is strictly followed to avoid any complications in handling the application. The application must include:
- Details of the offense: A brief detail of the crime committed which led to the filing of criminal charges against the accused.
- Grounds for bail: The arguments which would support the accused’s right to bail through the understanding that there is no substantial evidence that points directly towards him.
- Assurance of cooperation: A promise that the accused will observe all the conditions given by the court such as reporting for trial and assisting in inquiries.
It is crucial to understand that the format of the regular bail application may be different in each court and jurisdiction. And, all such applications should be brief, unambiguous, and supported by the necessary exhibits and documents, including photographic identification, sureties, and any previous court orders.
Conditions/grounds for regular bail
The conditions for obtaining regular bail in cases of bailable and non-bailable offences can differ. In case of bailable offences bail can be granted immediately but in case of non-bailable offences bail is not granted immediately.
In case there is no availability of evidence to prove the crime against the accused person. That the accused is suffering from any health issues, the accused is a minor or a female. The offences committed do not require punishment of imprisonment for 10 years or death or life sentence. Involvement in the crime of the accused, and no proof found during the investigation or during trial are certain grounds where bail can be granted to the accused.
Procedure for obtaining regular bail
- The first step is filing a bail application before the competent court by the accused person through their counsel. The bail application must contain the conditions or grounds for bail and why the accused person may be released on bail. Also the relevant facts of the case and information about the accused person, background, character and relation to the crime. In a bail application, one can also mention judgment and case law to support the bail application.
- The second step is the order by the Court. After receiving an application for bail the court will consider whether to grant bail or not. It depends upon the discretion of the court. The court while deciding may consider factors such as the seriousness and nature of offences, evidence by the prosecution, tampering of evidence or witnesses by the accused etc.
- The final step is submitting a bail bond by the accused person if the bail is granted. The accused person may be released from custody by payment of a certain amount decided by the court. The bail bond is deposited as a guarantee that the accused person shall appear before the court as and when required. If the accused person does not appear before the court after bail the court has the right to cancel the bail bond and can issue a non-bailable warrant against the accused.
Ground for cancellation of bail
There are certain grounds for cancellation of bail as follows;-
1. In case of non-appearance before the court on the prescribed date and time.
2. Misuse of bail granted to the accused by not following the terms and conditions on which the bail was allowed.
3. In case of interference or attempt to interfere in the proceedings of the Court.
4. Tampering with the evidence threatening witnesses or trying to interfere in the investigation.
5. Possibility of trying to leave the State or the Country.
6. Any other circumstances which can lead to an unfavourable, unjust trial. Involvement in any other offences or trying to commit any crime.
