Bail – Definition, Types, Grant Conditions, and Cancellation

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What Do We Understand by the Term Bail?

The term or word “bail” comes from the French verb “bailer.” It means “to deliver” or “to give.” Thus, bail indicates the provisional release of the defendant or accused in a particular criminal case. It happens in cases where the court has not yet decided and announced the final verdict or judgment. 

Hence, bail serves as a security that can get deposited with the relevant authorities to enable and secure the accused’s release. The best professional lawyer can help in issuing it. 

What are the Different Types and Categories of Bail?

In total, an individual can get three types and kinds of bail from Supreme Court if they meet and satisfy the required conditions. They depend on the category of classification of criminal cases and consist of:

  • Regular Bail

Generally, a regular bail can get granted to an individual under police custody or after their arrest. An application has to get filed and issued for it. It falls under section 439 and section 437 of the Code of Criminal Procedure or Criminal Procedure Code (CrPC).

  • Interim Bail

An interim bail gets issued for a short span or period. The court grants it before the proceeding associated with the grant of an anticipatory bail or a regular bail. 

  • Anticipatory Bail

An individual can get anticipatory bail lawyer from Supreme Court after an application has gotten filed for it and the latter approves it. The grant of this type falls under the CrPC’s section 438 and can also get done by a High Court or a session Court.

Typically, an anticipatory bail petition or application gets filed by a person who believes they might have gotten arrested by the relevant authorities for a non-bailable crime or offense. 

What Do the Conditions for a Bail Grant in Bailable Offenses Entail?

Any person accused of committing or remaining involved in a bailable offense can receive bail grants according to section 436 of the Code of Criminal Procedure, 1973. However, they have to satisfy a few specific conditions for that, including the following:

  • There should be adequate reasons and evidence to believe the accused was not involved with the offense.
  • The defendant should not remain charged with any offense that is punishable by life imprisonment, jail time for up to 10 years, or death. 
  • There should be sufficient reasons to initiate and conduct further inquiry into the case or matter. 

What Do the Conditions for a Bail Grant in Non-Bailable Offences Entail?

Section 437 of the Code of Criminal Procedure,1973, states that an individual accused of a non-bailable crime or offense cannot ask and apply for bail. They can get it only if the court discerns that they are eligible for it. 

The conditions that can get bail in non-bailable crimes granted entail the following:

  • If the accused is an underage or a woman
  • If there is insufficient evidence to back the case
  • If the accused is exceedingly and gravely sick
  • If the complainant made a delay in filing or lodging the FIR

Can the Supreme Court Cancel a Bail?

The Supreme Court has the legal right and power to terminate a bail. They can do so even at later stages with the power bestowed upon them by section 439(2) and section 437(5) of the CrPC. 

The court can do so irrespective of the bail type. It is so even if a bails special leave petition or a transfer petition in Supreme Court has gotten granted earlier. Nevertheless, the court can cancel the bail and direct the relevant authorities to arrest the accused and keep them under custody. 

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