What is bail & types of bails in India?
A. Bail denotes provisional release of accused in Criminal Case in which court the trial is pending and the Court is yet to announce judgement. There are 3 types of bail Regular, Interim and Anticipatory.
Q. What is interim bail?
A. Interim bail is granted for a short period of time and it is granted before the hearing for the grant of regular or anticipatory bail.
Q. What is anticipatory Bail?
A. If any person has reason to believe that he/she may be arrested for non-bailable offence, he/she may apply to Sessions court or High court for anticipatory bail praying that in the event of arrest, he/she shall be released on bail. (Section 438 Cr.PC).
Q. Can my anticipatory bail be cancelled?
A. Yes. At the time of granting anticipatory bail the Court imposes certain terms and conditions which if are flouted, the Court may cancel such anticipatory bail. Secondly on receiving an application either by a complainant or the prosecution the anticipatory bail may be cancelled if the court find it necessary.
Q. Do I need to get a regular bail, when I already have an anticipatory bail?
A. No, you don’t need to take regular bail, your anticipatory bail shall remain valid till the trial procedure ends, unless the court cancels it. In such cases, the anticipatory bail is converted into regular bail at the instance of the Court.
Q. What is the maximum period for which an undertrial prisoner can be detained?
A. As per section 436A of Cr.P.C under trial prisinor shall be released on bail by Court, if he has served one half of the maximum term of sentence as may be required to serve if such person would have served as punishment if convicted.
Q. Can I get bail, if I am accused for non-bailable offence?
A. Yes. Accused can get bail for a non- bailable offence. Bail can be obtained from Sessions Court or High Court, depending upon seriousness of the offence the accused is charged with and discretion of court. Bail is a rule, jail is exception.
Q. Do I need to get bail in bailable offence?
A. Yes you must get bail if you have been charged with bailable offence, for bailable offence you don’t need to go to court, it is given by the Police Officer.
Q. When can bail be refused by Courts?
A. Accused shall not be released if there appears grounds for believing that he is guilty of offence punishable with death or imprisonment for life. A person shall not be released if offence is cognizable and he had been previously convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more, or he had been previously convicted on two or more occasions.
Q. What is cancellation of bail?
A. Court has the power to cancel the bail even at later stage. This power is available to the court under Sections 437(5) and 439(2) of Cr PC. By recording reasons the Court can cancel the bail granted by it and give direction to police to arrest the person.
(The author, Prachi Mishra, is a Supreme Court lawyer and Additional Advocate General, Chhattisgarh)