Bail (Regular)

When a person commits a cognizable and non-bailable offence the police takes him/her into custody. After the expiry of the period of police custody if any, the accused is sent to Jail. U/ss 437 and 439 Cr.P.C., such accused has a right to be released from custody. Regular bail, therefore means release of accused from custody to ensure his presence in the trial.

Provision

Under the Indian Criminal Law, there is a provision for release of an accused from custody. For non-heinous crimes, the Judicial Magistrate is empowered u/S 437 of the Code of Criminal Procedure 1973. Through an application, the accused himself or through his Counsel may request the Area Judicial Magistrate to release him on bail. The Magistrate issues a notice to the concerned Public Prosecutor. After hearing both the parties, the Magistrate may release the accused on bail.

Eligibility

When a person is arrested for the commission or suspicion of a crime for which the punishment is not death or imprisonment for life, such person may apply to the Area Magistrate for releasing him on bail. If the Court thinks it fit to release him on bail, it can pass such an order. After completing requisite formalities, the accused is released from jail.

Duties of the Court

While dealing with the matter of regular bail Duties of the Court include:

• To maintain balance between the interest of victim and of accused
• Shielding the society from misadventures of accused and
• Presumption of innocence of accused till he is found guilty.

Considerations for grant or refusal of bail

While dealing with the matter of grant or refusal of regular bail, the Court is expected to consider, nature of offence, severity of the punishment in the event of conviction, danger absconding of accused, likelihood of the offence being repeated etc.

Conditions

While releasing the accused on bail, the court impose the following conditions upon him.

• That such person shall attend in accordance with the conditions of bond executing under this chapter,
• That such person shall not commit an offence similar to the offence which he is accused, or suspected, of the commission of which he is suspected, and
• That such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

Cancellation

If after coming on bail, the accused violates the imposed conditions the Court may direct that such person be arrested and commit him to custody.