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Bail Matters

The Indian Constitution gives utmost importance to Personal liberty recognized under Article 21. Deprivation of personal liberty must be based on the most serious and solid considerations relevant to objectives of the society welfare as specified in the Indian Constitution. although the law of the land and Hon’ble Higher courts in various cases have tried to intervene and even have laid down certain guidelines to be followed but unfortunately nothing concrete has been done about it. There is also a powerful need felt for an entire review of the bail system keeping in mind the socio-economic condition of most of our population. While granting bail the court must also check out the socio-economic plight of the accused and must even have a compassionate attitude towards them. A proper scrutiny could also be done to see whether the accused has his roots within the community Which May deter him from fleeing from the court.

“Society has a vital interest in grant or refusal of bail because every criminal offence is an offence against the state. The order granting or refusing bail must reflect perfect balance between the conflicting interests, namely, sanctity of individual liberty and the interest of the society”. – Justice Dalveer Bhandari in S.S. Mhetre vs. State of Maharashtra (2010)

Conditions For Grant of Bail In Bailable Offences

Section 436 of Code of Criminal Procedure, 1973, lays down that a person accused of bailable offence under IPC can be granted bail.

Conditions for bail in bailable offence are:
  1. There are sufficient reasons to believe that the accused has not committed the offence.
  2. There is sufficient reason to conduct further enquiry in the matter.
  3. The person is not accused of any offence punishable with death, life imprisonment or imprisonment up to 10 years.
Conditions For Grant of Bail In Non-Bailable Offences

Section 437 of Code of Criminal Procedure,1973 lays down that the accused does not have the right to apply for bail in non-bailable offences. It is discretion of the court to grant bail in case of non-bailable offences.

Conditions for bail in non- bailable offence are:
  1. If the accused is a woman or a child, bail can be granted in a non-bailable offence.
  2. If there is lack of evidence then bail in non-Bailable offences can be granted.
  3. If there is delay in lodging FIR by the complainant, bail may be granted.
  4. If the accused is gravely sick.
Cancellation of Bail

Court has the power to cancel the bail even at a later stage. This power is laid upon the court under section 437(5) and 439(2) of the CrPC. The court can cancel the bail granted by it and give directions to the police officer to arrest the person and keep in police custody.

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