BAIL
- Ä What is bail? In what case bail may be granted in non-cognizable offences.
- Ä What is bail? Explain the grounds for grant of bail in non-bailable offences.
- Ä In what cases bail may be granted in case of non-cognizable offence whether it can be claimed as a matter of right.
- Ä State circumstances under which bail may be granted to an accused?
- 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.
- Ä Write a note on the principles of grant of bail in non-bailable offences.
- 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?
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
Its really informative
ReplyDeletethanks a lot
http://www.consumerspk.com/damages-of-rs-18000-againt-marriage-hall/
Get Free access of 10,000+ error free Mcqs for the Law Entry Test preparation of Entry Test
ReplyDelete