The prosecutor can also file a motion on substituting bail with detention. Prohibitory clause as given in section 497, Cr. Recommendation: 1 The High Court Division and the Session Judge should exercise the power independently. The factors that can be taken into consideration is as follows: The nature and gravity of the accusation and the exact role of the accused must be properly comprehended before arrest is made. It is important to note that an act is not offence unless it is clearly defined as an offence by any piece of legislature.
The Bombay High Court has held that it was improper on the part of the court to impose the condition that he would pay the complainant the amount secured by him as a result of cheating and again to cancel the bail on his inability to return the amount in full. If he fails to do so, he may be arrested and taken before a Magistrate judge. It is prohibited to reject the motion with the reasoning that the previous court decision about rejecting bail has not been appealed to the Court of Appeals or to the Court of Cassation. Section 18 of the Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act provides for exclusion of provision for granting anticipatory bail. The anticipatory bail may be grated when the offence are bailable and non —cognizable.
The jail accessed loses his job and is prevented from contributing effectively to the preparation of his defense. This power can not be exercised in each and every case as a substitute to the exercise of such power by the court below. Bailable offence: In bailable offences, there is no direction to the court in granting bail,. Punishment: Punishment for non-bailable offences is severe than the punishment for bailable offences. Officer or Court if he or it thinks fit may instead of taking bail forms such person.
Only on such condition precedent, he may approach either the High Court or the Court of Session for a direction that he may be released on bail in the event of such arrest. These offences include offences such as obstructing a public servant from discharging his duties, bribing an election official, and providing false evidence. For the purpose of bail. Bail explained in Hindi By Ishan - YouTube bail in non-bailable offences - YouTube What do you mean by the term Anticipatory Bail. Delay and mere bold assertion of being falsely implicated by enemies is not enough section to allow bail to them. On a proper appreciation and training, much judicial time can be saved which can be utilized on other more serious things. In such a situation, the accused will be required to post bail and sign a personal bond without sureties.
The monetary value of the security, known also as the bail, or, more accurately, the bail bond, is set by the court having jurisdiction over the prisoner. The question sub-sequently came up for decision before the Pull Bench of the same Court-Emperor v. Where petitioners were apprehending arrest on account of some ulterior motives on part of someone in authority or otherwise hostile to them. If the amount forfeited cannot be repaid in full even after such seizure and sale, the accused can be jailed up to 12 months. In this behalf the provision contained in section 497, Cr. Bailable Offense When a person accused of bailable offense is arrested or detained without warrant by an officer in charge of police station or appear before or is brought to the court, and he filed application to get bail.
Grant of bail to a woman is not a matter of right yet intention of Legislature appears to be that bail should invariably be granted to a woman unless any special circumstances exist on record to warrant refusal of bail. How to Put Up the Bond Amount For bail, the surety has to go to the Bail Centre at the Crime Registry in the State Courts during its processing hours to put up the bond amount. Specific events and facts must be disclosed by the applicant in order to enable the Court to judge of the reasonableness of his belief, the existence of which is the sine qua non of the exercise of power conferred by the Section. A generic direction or a blanket order to be released whenever the applicant is arrested and on whatever offence is not allowed. No reasonable ground exists for believing the accused guilt after conclusion of trial but before judgment. Thus, it is a direction to provide bail and not the bail itself. Can I Appeal against the Bail Decision? Some high courts have held that the grounds mentioned in Section 437 for denying regular bail are applicable for anticipatory bail as well.
Alternatively, you could argue that they should release you subject to a surety to vouch that you will turn up at court, if the police want to keep you in because you have a bad bail record. The next objection that the petitioner will escape the ends of justice by not attending to the Court and making himself scarce is really an important one. There is not a single section in the Cr. For example, bail may be employed in a civil case to arrest someone to prevent them from fleeing to avoid litigation, or it may be used to prevent an unlawful concealment or disposal of assets. This also known as surety on the bond.
After receiving the application, the court may issue a warrant of arrest to direct that the accused attend court. Aforesaid analysis formally concludes that even if a person is arrested or detained without warrant for an offence of non-bailable nature, the officer in charge of the police station may grant bail to him for reasons to be recorded. Bailable offence is one where the defendant the one who is defending himself in a criminal case may be able to secure his release upon the payment of bail. It has further been held that this restricted power of bail prevails notwithstanding the general provision of section 25 of thee Ain. The extended powers given to the High Court under Section 498 are certainly not to be used to get rid of this very reasonable and proper provision of the law. If the principal fails to appear for trial the state can levy on the property to recover the bail. Sureties do not have to bring physical cash with them to put up bail.