The expression bail is extracted from the French word bailer which implies delivering or giving. The word bail usually denotes a temporary release of an arrested person.
Bail is the absolution of the accused person temporarily awaiting trial, or a sum of money is lodged by the accused person as a guarantee of his appearance before the court i.e. bail by own recognizance.
The provisions relating to bail and bonds have been codified from sections 436 to 450 of the Code of Criminal Procedure.
Principle of bail and personal freedom goes hand in hand and thus any citizen, including the accused person, has the right to obtain bail to be released from jail before and until a court of law has found guilty.
In Article 21 of the Indian Constitution, the life and personal liberty of a person cannot face deprivation. It can happen only if the procedures establish themselves in the law.
REJECTION AND GRANT OF BAIL:
Bailable offense: The bailable offense is the type of crime where bail is given to a convicted person. In general, this form of crime is punishable by the court for less than three years in prison.
The chances of getting bail in the event of a bailable offense are even higher since these types of offenses are petty crimes like pick-pocketing, theft, etc.
Non-bailable offense: they are the type of offense for which the defendant does not have the right to bail.
Compared with bailable offenses, these crimes are of a grievous sort. The sentence in the case of non-bailable crimes is three years or more.
TYPES OF BAIL:
- Regular bail: If a person has been arrested and is held in custody, the person may be released on a regular bail according to Section 437 and Section 439 of the CrPC.
Section 437 states that if any person is in custody for committing a non-bailable offense, without a warrant, or if there are reasons to believe that there are no adequate grounds to show that the person is guilty, then he can be set free.
Section 439 confers exclusive powers on the same to the High Court and the Court of Sessions.
This requires these tribunals to release people on bail for the offenses stated in CrPC Section 437(3). The court may enforce any condition it deems necessary.
- Temporary bail: Provision is made for interim bail before the process for issuing a normal bail or anticipatory bail.
The explanation for this is that the High Court or Court of Session granting bail requires submission of paperwork by the lower courts, which takes time. Therefore, the issue for immediate bail can be certain through approval.
The Temporary bail can extend and the person may be in custody again if its time expires.
- Anticipatory bail: Section 438 of CrPC provides the route for a person apprehending arrest. This provides any person who anticipates, to be arrested on any charge of committing a non-bailable crime. The submission of the request must be with the High Court or Sessions Court subject to various conditions set out by the code.
TYPES OF BAIL BONDS:
- Cash bail: The accused has to pay the full sum as stated, in cash, in this form of bail. The court can take the amount sometimes through a credit card or a check.
- Property bond: This is a mechanism that ensures that the convict will give the court legal rights over his land, instead of providing money as the bail sum.
If the defendant does not show up in court when the jury calls, then the court can seize his properties.
- Release on Own Personal Recognition: A release on your recognition also known as an Own Recognition or Personal Recognition is a formal promise signed by the defendant agreeing to turn up for all court hearings and not participate in criminal conduct when out on a ROR.
A petition for ROR can arise in cases of non-violent and less serious misdemeanors such as shoplifting, traffic violations, technical crimes, and first offenses.
By general, a judge will determine whether or not to issue the ROR based on several factors, including:
The severity of the crime Past convictions
Criminal histories and the history of court appearances
Whether or not the offender is deemed to be a risk of fleeing
Family and Community Employment Background check
- Citation: Also known as a cite-out release, this doesn’t even demand that the defendant get booked.
Under this, there is only one citation that allows the defendant to appear from time to time under court.
This saves the officers time and prevents them from following the process of booking the perpetrator and any further proceedings.
- Surety bond: Commonly referred to as a bail bond. That comes into play when the accused cannot pay the entire bail sum. In this case, the accused’s family or associates may contact a bail agent, also known as the bail bondsman. The insurance fund covers the bail bondsman, and he is liable to pay the whole amount in case the convict refuses to do so in the future.
Then, what is the bail agent getting? interest such as 10% and asks the defendant to promise some kind of collateral or protection like property.
This was a basic idea about what is bail and its important aspects. However, the CrPC lays down various clauses and provisions which further provides a wide understanding of the term “bail”.