ANTICIPATORY BAIL

 

 

Introduction

The Supreme Court delivered a significant verdict, ruling that a time limit cannot be set when an advance bond is granted. He also spoke about the freedom movement when people were imprisoned for protesting the British government. Although he regrets that arbitrary detentions remain a widespread phenomenon. The Superior Court stated that the discretion of the courts to grant early bail cannot be reduced and may continue until the end of a trial. Over the years, early bail has become a guarantee for a person who has false accusations or charges against them, most often due to professional or personal enmity, as it guarantees the person's release falsely accused even before he or she is arrested.

Bail

• It concerns the provisional release of an accused in a criminal case in which the court has not yet announced a decision.
• The term "bond" refers to security posted to appear in court for release.
• A defendant receives a bullet after submitting a bond to the court.
• The main purpose of the arrest is to ensure that the accused in a criminal case appears before the court for the transmission of justice.
• However, if the presence of the person on trial can be guaranteed without putting them in prison, it would be unfair and unjust to violate a person's liberty. Therefore, bail can be granted as probation for the defendant.

Types of Bail in India

Regular bail: This is an order made by the court (any court in the country) to release a person already under arrest and in police custody. For such a bond, a person may submit a request under articles 437 and 439 of the CrPC.

Provisional bail: Bond granted for a temporary and brief period by the Court until the request requested by the advance bond or the regular deposit is pending before a court.

Advance bail: In order to release a person on bail even before his arrest. In this situation, the arrest is apprehended and the person is not arrested before the bond is granted. For such bail, a person may apply under section 438 of the Code of Criminal Procedure (CrPC). It is issued only by the Court of Sessions and the Superior Court.

 

Crimes and Anticipation

A request for early release may be made in the case of fictitious and non-fictitious crimes. While in the first situation, the Voucher is granted in law, the granting of the Voucher in the latter case is not a question of law but a privilege and is at the request of the Court's discretion.

Bail offense: Section 436 of the CPC sets out provisions for granting bail to a person accused of a bail offense under the ICC.

Fictitious offenses are crimes or offenses which are not of a very serious nature and include: illegal gathering (article 144 of the CrPC), payment of corruption during elections, fabrication of false evidence, participation in riots, communication of false information, negligent death (article 304A), stalking, criminal defamation, etc.

Non-recoverable offense: Article 437 of the CPC establishes the power of the court to grant bail to a person accused of having committed a non-bail offense under the ICC.

Crimes that cannot be saved are serious and serious crimes which include: sedition, making or attempting to wage war on government, counterfeiting of Indian currency, murder (section 302), death by dowry (article 304B), incitement to suicide, trafficking in a person, rape (article 376), etc.

Factors and conditions for granting the bail

The anticipated bail is granted on the basis of the following factors:

• Nature and gravity of the charge
• Possibility for the applicant to flee justice
• Previous cases against the plaintiff, including previous convictions or recognizable crimes
• Dance violation:
  o If there is sufficient reason to believe that the accused did not commit the crime.
  o According to the Court, if there are sufficient reasons to continue the investigation into the matter.
  o If the person is not charged with a crime punishable by death, life imprisonment or
  imprisonment of up to 10 years or more.

 

• Non-dancing offenses:
  o If the accused is a woman or a child,
  o If there is a lack of adequate evidence,
  o In the event of a delay in the registration of the FIR by the applicant
  o If the defendant is physically or seriously ill,
  o If there is corroboration of personal animosity between the accused and the applicant.

 

Criticism against the advance deposit

According to the SC in the preceding sentences, early bail is the most abused section of the CrPC. The discretion conferred on higher courts and lower courts is repeatedly invoked by persons accused of heinous crimes.

A large number of bail requests before the arrest of rapists, accused of triple murder and most of the corrupt ones flood the HC and precious time of the superior court is devoted to the processing of bail applications.

Since the state legislature has the powers necessary to amend the provisions of the code, states such as Maharashtra, Orissa and West Bengal have slightly different early release provisions, where Uttar Pradesh even omitted the provision of section 438, so it doesn’t. There is nothing like an advance bond in the state of Uttar Pradesh.

How to ask for a bail in India?

• The bail process depends on the stage of the criminal case. In the event that the person has not yet been arrested by the court but is concerned that an FIR may be brought against him or her before the police, the person may hire a criminal defense lawyer in India to file an advance bail request.
• For example, if the person is afraid that his wife will file a false 498A case against her, she can get an advance bond before the police file a complaint against him.
• If the police have already arrested the person and taken him or her to the police station, the bail lawyer can post bail in accordance with the bail request form contained in the CrPC. The bail application must be submitted and approved by the court, then submitted to the police to release the prisoner from prison.
• The amount of the bond or the bond which will be deposited depends on the discretion of the court. However, a standardized bond is established and posted as a bond in less serious criminal cases.

Cancellation of the bail

• Section 437 (5) and section CrPC 439 deals with the cancellation of the early bond. They imply that a court which has the power to grant early bail also has the right to cancel the bail or revoke the bail order after an appropriate examination of the facts.
• A superior court or a district court may order that any person released on bail be arrested and detained after making a request by the plaintiff or the prosecutor.
• However, a court does not have the power to cancel the bail given by the police.
• Over the years, advance bonding has served as protection (granted under section 438 of the CrPC) to protect a person against whom false charges or charges have been laid. Ensure the release of this falsely accused person even before his arrest.

 

 

ALSO, SEE RELATED RAJYA SABHA VIDEOS

• The Aircraft (amendment) bill, 2020
• Education & Aspiring India
• Endangered Species
• Census: Importance and Challenges
• Pornography: Impact on children and society
• World Economic Forum 2020
• Permanent Commission to women army offices

You are on the Best Online IAS preparation platform. You are learning under experts.

We are present on Facebook- Diligent IAS, LinkedIn- Diligent IAS, YouTube- Diligent IAS, Instagram- Diligent IAS.

Get in touch with us.