BAIL MATTERS
Vikas Jain advocate is having the expertise in Bail Matters with experience of about 16 years. Bail matter includes Anticipatory Bail, Bail after Arrest, Transit Anticipatory Bail, Interim Bail. The HON’BLE SUPREME COURT OF INDIAhas reiterated in several of its Judgments on Bail:
BAIL IS RULE AND JAIL IS AN EXCEPTION. The presumption of innocence is the privilege of every accused. Detaining an Under –trial prisoner in custody to an indefinite period violates Article 21 of the Constitution-
If the accused is denied bail but is ultimately acquitted, who will restore so many years of his life spent in custody?
Even if there is a prima facie case, if there is no reasonable apprehension of tampering with the witnesses or evidence or absconding from the trial, the accused are entitled to grant of bail pending trial. Stringent Conditions can be imposed on accused while granting him bail, to deal the apprehension of the prosecution that accused will abscond/temper with evidence/is at flight risk etc.
Conditions for the bail ought not to be so strict as to incapable of compliance, thereby making the grant of bail illusory.
No need to insist to furnish Local Surety Only.
Is is necessary to consider at the time of bail whether the accused is first time offender. The object of bail is to secure the appearance of the accused person at his trial by reasonable condition of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment.
ANTICIPATORY BAIL-
Anticipatory bail allows a person seek bail in anticipation of an arrest on accusation of non-bailable offence having committed by him.
It is a direction issued to release a person on Bail even before the person is arrested.
The Hon’ble Supreme Court of Indiain Sushila Aggarwal v. State of NCT of Delhi (2020) case delivered a significant verdict, ruling that no time limit can be set while granting anticipatory Bail and it can continue even until the end of the trial.
TRANSIT ANTICIPATORY BAIL –
It enables a person who apprehends his arrest at the place of his residence/work far away from the place of alleged offence, to get anticipatory bail for limited purpose as to exhaust his remedy of seeking proper bail before the competent court having jurisdiction.
Example: If stay in Delhi and there’s an FIR registered against you in distant district or another state and you are scared that you might be arrested while in transit. To avoid that you are supposed to file Transit Anticipatory Bail application before the competent court in your area in Delhi seeking protection till you reach and file the actual anticipatory bail application before the court which actually has jurisdiction to hear your anticipatory bail application.
INTERIM BAIL –
Interim bail is sought for a limited purpose and for limited period like treatment for illness, marriage, death in the family etc.
Interim bail may be granted for a temporary and short period by the Court till the application seeking Anticipatory Bail or Regular Bail is pending before a Court.
CANCELLATION OF BAIL– Under Section 439 (2) Cr.P.C. the power to cancel the bail can be exercised by the Court Suo-moto or at the instance of the state or any aggrieved party.