BAIL


BAIL

  1. Ä  What is bail? In what case bail may be granted in non-cognizable offences.
  2. Ä  What is bail? Explain the grounds for grant of bail in non-bailable offences.
  3. Ä  In what cases bail may be granted in case of non-cognizable offence whether it can be claimed as a matter of right.
  4. Ä  State circumstances under which bail may be granted to an accused?
  5. Ä  What is bail? Can bail be claimed as a right even in non-bailable offences or after conviction? If so, under what provisions of law.
  6. Ä  Write a note on the principles of grant of bail in non-bailable offences.
  7. Ä  What is bail? What is the law relating to bail in non-bailable offences? Can bail in such cases be claimed as a matter of right?
  8.  

INTRODUCTION

OBJECT

RELEVANT PROVISIONS
Section 496, 497, 498, 498-A CrPC
DEFINITION OF BAIL

GRANT OF BAIL IN TWO CASES
i-                    Grant of bail in bailable offences u/sec 496
ii-                  Grant of bail in non-bailable offences u/sec 497

GRANT OF BAIL IN BAILABLE OFFENCES
I-                    AS OF RIGHT

II-                  DETERMINATION OF BAILABLE OFFENCES

III-                AUTHORITY TO GRANT BAIL
Following authorities may grant the bail
I-                    Court of Law
II-                  An officer of the Court
III-                Officer in charge of police station

IV-               CONDITIONS FOR GRANT OF BAIL

i-                    BAILABLE OFFENCE
ii-                  PERSON ARRESTED OR DETAINED WITHOUT WARRANT
iii-                APPEARS OR BROUGHT BEFORE COURT
V-                 FORM OF BAIL BOND

VI-               EXCEPTIONS


APPLICATION FOR BAIL NOT NECESSARY

GRANT OF BAIL IN NON-BAILABLE OFFENCES U/SEC 497
I-                    CASES OF NON-BAILABLE OFFENCES
Non-bailable offences may be categorized into the following kinds
a)      Offences not punishable with death, imprisonment for life or imprisonment for ten years.
b)      Offences punishable with death, imprisonment for life or imprisonment for 10 years
            General Rule
                        As a general rule, bail shall not be granted in cases punishable with death, imprisonment for life or for 10 years.
            Exception
a)      Where the person accused is under the age of 16 years
b)      Any woman
c)      Any sick person
d)      Any infirm person

II-                  CASES WHERE COURT SHALL GRANT BAIL AS MATTER OF RIGHT
Following are the cases where the court shall grant bail in non-bailable offences as a matter of right
i)                    Case of further Inquiry
ii)                  Where there are reasonable grounds that accused is not guilty

III-                REASONS TO BE RECORDED IN WRITING

IV-               CANCELATION OF BAIL U/SEC 497(5)

V-                 GROUNDS FOR CANCELLATION
On the following grounds bail may be cancelled
a)      If the accused commit again the same offence
b)      If the accused is trying to temper the investigation
c)      If the accused is trying to temper the prosecution evidence
d)      If the accused does not come in the court on the hearing
CONCLUSION

2 comments:

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