Bail forms one of the basic parts of criminal jurisprudence and is a well-recognized practice among most legal systems all around the world. In India, the concept of bail is explained in the Criminal Procedure Code, 1973.
Though the definition of bail is not given, it clearly defines the Bailable and Non- Bailable offences.
The question of bail arises when the person is detained by law enforcement. Bail can be granted after the security is deposited. The monetary value of the security is decided by the court, it’s at their discretion as there is no statutory limit on the monetary value of the security deposit.
The security may be cash, the papers giving title to the property or the bond of private persons of means, or a professional bondsman or bonding company. Failure of the person released on bail to surrender himself at the appointed time results in forfeiture of the security.
What is Bail?
As mentioned above, the Criminal Procedure Code, 1973, does not define bail, although the term bail generally means the release of an accused in an offense after he gives surety to be abiding by the conditions imposed by the court and stand his trial before the court.
There are two types of offences:
They are offences of a less serious nature with three years or less imprisonment. In these types of, offences getting bail is considered as the right of the accused. Some Examples are theft, bribery, cheating, Etc.
They are offences of serious nature, punishment is high even life imprisonment or a death sentence. Bail is not considered as a right in these offences, the court has the discretion to grant bail after hearing the facts of the case. Some examples are rape, homicide, etc.
Type of Bails
It is provided by the competent authority after the accused is arrested under Section 437 and 439 of the Criminal Procedure Code, 1973 in the case of non-bailable or bailable and cognizable offences.
Section 438 of the Criminal Procedure Code, 1973 provides that any person who has a reason to believe that he might get arrested in any non-bailable or bailable offence he can reach the court before the arrest to get bail.
It is the temporary bail granted by the Court till the anticipatory or regular bail application is pending in the court.