Why is it in the news ?
1.The Delhi Chief Minister shri Arvind Kejrilwal was granted interim bail on 10th May 2024 by the Supreme Court until June 1st. He was arrested in the Delhi excise policy case on March 21st by the enforcement directorate and subsequently placed in judicial custody.
2.The Supreme Court put certain conditions. These conditions were
He shall furnish bail bonds in the sum of fifty thousand with one surety of the like amount to the satisfaction of the jail superintendent.
He shall not visit the office of the chief minister and the Delhi secretariat.
He shall not sign official files unless it is required and necessary for obtaining clearance/approval of the lieutenant Governor of Delhi.
He will not make any comment with regard to his role in the present case.
He will not interact with any of the witnesses and have access to any official files connected with the case.
The grant of interim bail will not be treated as expression of opinion on the merit of the case or the criminal appeal which is pending consideration before the Supreme Court.
The Supreme Court held that election is a barometer and lifeline of a parliamentary system. That the chief minister of Delhi and a leader of one of the national parties does not have any criminal antecedents and he is not a threat to society. The Supreme Court also rejected the arguments of the prosecution that granting of interim bail would give a premium of placing the politician in a benefic position compared to ordinary citizens of the country.
1.The provision of bail is provided in the 33rd chapter of the Crpc between section 436 to 450.
2.Bail means short term release of an accused person pending the final judgement of the court. It is in consonance with article 21 of our constitution, which guarantees fundamental right to life and personal liberty. It is based upon the principle that every accused is innocent until proven guilty. It is to establish a balance between the right to freedom of the people and the public interest.
3. Thus, bail is the judicial release of an accused in bailable and non -bailable offence. In bailable offence, the bail is the right of the accused and therefore, if the accused furnishes bail or surety to the satisfaction of the station house officer or the court, he must be released forthwith. But in non-bailable offences, the accused has no right to get bail. It is the discretionary power of the court. The court put certain restrictions upon the accused before releasing him from the judicial custody.
4.The provisions of bailable offence and non-bailable offence are mentioned under the first schedule of Crpc. In bailable offence under section 436 Crpc, accused cannot be denied bail by the police officer or the Court, if the accused is ready to furnish bond or surety.
5.According to section 436 Crpc, if the police officer or the court think that the accused person is indigent and is unable to furnish surety, he shall discharge him on his executing a bond without sureties for his appearance. If the accused person is unable to give bail within a week from the date of his arrest, it shall be sufficient ground for the officer or the court to presume that he is an indigent person for the purpose of this proviso.
6.Under section 436 A, when a person has undergone detention for a period extending upto one half of the maximum period of the imprisonment specified for that offence under that law, he shall be released by the court on his personal bond with or without sureties. But this rule could not be applicable in the offence where there is a provision of death penalty.
7.It is further provided that no such person shall in any case be detained during the period of investigation, inquiry or trial for more than the maximum period of imprisonment provided for the said offence under that law. It is also provided that the court may order the continued detention of such accused person for a period longer than one half of the said period or release him on bail instead of the personal bond with or without sureties.
8. Under section 437 Crpc, when an accused charged with the commission of non-bailable offence is produced before the court other than the session court and the High Court, he may be released on bail but accused will not be released on bail if he is charged with an offence punishable with death or imprisonment for life;
if he has been charged in an cognizable offence 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 of a cognizable offence punishable with imprisonment for three years or more but not less than seven years.
However, a person accused of a non bailable offence may be released on bail if such person is under the age of 16 years or is a woman or is sick or infirm.
It is also provided that an accused person may be released on bail if the court is satisfied that it is just and proper to do so for any other specific region.
No accused shall be denied bail in non bailable offence for the identification during the investigation if the accused gives an undertaking that he shall comply with directions of the court.
It is further provided that if an accused is charged with an offence punishable with death or imprisonment for life or imprisonment of seven years or more, the public prosecutor must be given the opportunity of hearing before releasing him on the bail.
Section 439 gives certain special powers to both High Court and Session Court with respect to bail. The court may release any accused person from judicial custody if it considers it necessary. The High Court or Session Court may set aside any condition imposed by a magistrate while releasing the accused on bail.
Kinds of Bail -
1.Regular Bail - An accused person who is under judicial custody can seek regular bail under section 437 and 439 of Crpc. This regular bail is effective till the judgement of the case under certain conditions imposed by the court. If the accused is convicted by the court, his regular bail is cancelled and he is sent to jail to serve the sentence imposed by the court.
2.Interim Bail - This is the bail order of the court to provide accused temporary and short term bail until his regular or anticipatory bail application pending before the court is decided.
3.Anticipatory Bail - When a person is apprehending arrest in a non- bailable offence, he may apply to the High Court or the court of session under section 438 of Crpc.
4.Default Bail - According to the Supreme Court, the default bail under section 167 (2) of the Crpc, is a fundamental right. An accused gets bail when the police fail to complete the investigation within a specified period. Where the offence is punishable with death, life imprisonment or imprisonment with at least ten years, the investigation must be completed and a charge sheet must be produced in the court within 90 days if the accused is in judicial custody. If the charge sheet is not produced within 90 days and the accused is in jail, the magistrate will release him on bail if he is ready to furnish bail bond with or without sureties.
It is mandatory to complete the investigation and to produce a charge sheet in the court within 60 days in other offences, failing which the magistrate shall release him on bail.
In some other cases, the time period may vary. For example, in the Narcotic Drugs and Psychotropic Substances act, the investigation must be completed and a charge sheet must be produced in the court within 180 days. If the investigation officer fails to produce a charge sheet in the court in the specified period, the accused would be released on bail.
Conditions imposed by the court/police officer for granting bail
1.The accused shall attend the court in accordance with the conditions laid down in the court.
2.The accused would not leave the country without the permission of the court.
3.The accused shall not commit any offence while on the bail.
4.The accused shall not directly or indirectly make any inducements, threat or promise to any person acquainted with the facts of any case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
5.The court may impose any other conditions on the accused in the interest of justice.
6. If it is found by the court that the accused on bail flouted any of the conditions laid down by it, may cancel the bail of the accused.
Conclusion
Bail is the rule and jail is the exception. But, this principle is not adhered to by the subordinate courts. In most of the cases sessions courts reject the bail petition pertaining to non bailable offence. This resulted in piling up of cases with respect to the bail application in the High Court and the Supreme Court. The chief justice of India and other judges of the Supreme Court expressed anguish time and again on the indifferent attitudes of the sessions courts. This lackadaisical tendency of the subordinate courts must be discouraged so that the maxim that all accused are innocent until proven guilty must be enforced in our society. Putting an accused in jail for a long period is not good to safeguard the right to life and liberty. Lakhs of accused are languishing in jail for want of bail. This is not a healthy sign of our democratic and fundamental rights.
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