Bail

Bail Lawyer in Faridabad

“No person shall be deprived of his life or personal liberty except according to the procedure established by Law.” The Criminal Procedure Code, 1973 explains the bail process in detail. It also outlines how bail is obtained. However, it does not define bail. Bail Lawyer in Faridabad can help an accused person secure release by ensuring his presence in court during trial. Bail means obtaining the release of an accused by assuring his attendance and compliance with the court’s jurisdiction.

Kinds of Bail

There are four kinds of bail – bail in bailable offences, bail in non-bailable offences, anticipatory bail, and default bail. Each type has separate provisions and procedures under the Code of Criminal Procedure.

Section 436: Bail in Bailable Offences

Section 436 of the Code of Criminal Procedure covers bail in bailable offences. Under this section, bail is a right for anyone accused of a bailable offence. The law makes it mandatory for both the police and the court to release the accused if the offence is bailable.

Section 437: Bail in Non-Bailable Offences

When a person is accused of a non-bailable offence, they may still be released on bail. This is possible if there are no strong reasons to believe that they committed an offence punishable with death or life imprisonment. However, bail may also be granted if the accused is under sixteen years old, is a woman, or is sick or infirm. In some cases, the court may release a person if it finds it fair and reasonable to do so.

When deciding on bail, the court considers several factors. These include the seriousness of the offence, possible punishment, risk of escape, and chances of influencing witnesses. The court also checks the behaviour, financial status, and background of the accused.

Anticipatory Bail

Section 438 of the Cr.P.C. deals with anticipatory bail. When someone believes they might be arrested for a non-bailable offence, they can apply to the High Court or Court of Sessions. The court may then direct that, in case of arrest, they should be released on bail. A Bail Lawyer in Faridabad can assist with filing and managing such applications effectively.

To apply for anticipatory bail, the offence must be non-bailable and cognizable. There should also be reasonable grounds to believe that the applicant might face arrest.

Scope and Ambit of Section 438 Cr.P.C.

The purpose of Section 438 is to prevent misuse of the law by influential individuals who may falsely implicate others. It highlights the importance of personal liberty and supports the principle that a person is presumed innocent until proven guilty.

The Supreme Court, in Gurbaksh Singh Sibbia & Others v. State of Punjab (1980), held that Section 438 must be interpreted along with Article 21 of the Constitution of India. An FIR is not required before filing for anticipatory bail, and the order does not limit the power of police investigation. Although anticipatory bail is special in nature, it should not be reserved only for rare cases.

Parameters for Granting Anticipatory Bail

In Siddharam Satlingappa Mhetre vs State of Maharashtra and Others, the court explained important factors for granting anticipatory bail. It emphasized that the gravity of the accusation, the background of the accused, and the risk of escaping justice must all be reviewed carefully.

Moreover, courts check if the accusations were made to humiliate the applicant. They also ensure that granting bail does not interfere with the investigation. Judges maintain a balance between protecting liberty and ensuring justice. They also discourage false or weak prosecutions. If genuine doubt exists, the accused should be granted bail to protect their freedom.