Correction Final
Correction Final
Correction Final
1.1 Introduction
derived from the old French verb bailer who means to given or
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offering surety to those which have authority to bail him which
sureties are bound for him to the kings use in a creating sum of
money or body for body, that be shall appear before the justice
of goal delivery at the next sessions, etc. Then upon the bounds
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forthcoming. In order that he may be safely protected form
prison.
The objective for which this research paper has been prepared:
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1.3 Research Methodology:
value and even the abuse of the bail in detail. It has been an
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1.4. Definition of Bail
the custody of police and delivery into the hand of sureties who
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ding are it liable to forfeit such sum as is specified when bail is
granted.
for the rule only householders are accepted; an infant would not
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stole, perjury or subornation or perjury, consentient of birth,
which the costs are payable out of the country or brought rate or
fund.
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2 Categories of offences
are mandatory and the court or the officer in charge of the police
bail, provided that the offence is bail able. Where the accused is
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change with a non bail able offence but it is found that the
offence, if any made out on the facts was bail able the accused
out. The court has no discretion matter. Where the High Court
recording some evidence and the Magistrate fund that the charge
against the accused could be only for bail able offence, he was
evidence.
History of Bail
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United States Constitution. The Sixth Amendment to the
the bail system had hurt people in the past. Here’s one
jail before being acquitted. In that period, he lost his job, he lost
his car, he lost his family -- it was split up. He did not find
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short, the bail system was biased against the poor and filling
The next major revision to U.S. bail law came with the Bail
And finally, the act stated that those who were eligible for bail
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For more information on bail and related topics, check out the links
Purposes:
of bail like appearance in the court on fixed date and time serves
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appeal; pending reference revision; or for the purpose of giving
evidence etc.
Bail by Police:
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Conviction on bail able offence:
conviction.
principles.
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condition in a bail bond and to ignore the provision of the code
which provide for such cases. But in the cash of non-bail able
the municipal limits of the town as long as the session case way
bail able office and the situation was such that all her relations
condition in the bail bonds, but it does not say that the courts
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appeal against the high courts order refusing bail it is essentially
Right of bail:
Contained and statute and to the statute alone can the court look
for any right which the offender claims. Where the status does
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may be, unless there is an express provisions sanctioning it in
principles.
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Chapter Two
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pending for long. If practicable the bail applications
2. Interim bail
the provides to section 497 (1) Cr. P.C. Which contains special
application.
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ail the session judge should dispose of his application. Ad
3. Temporary Bail
The court which has authority to try an issue and grant a relief
granted bail in a security scam case on the grounds that the role
assigned to the accused did not prima faces make out any grave
two months and no police remand was sought for however the
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country and join the investigation as and when called for and his
the bail application. No hard and fast rules can be laid down in
granted.
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arrested in the meanwhile because other wise there is no
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nationalized bank with due sureties residing in the state
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7. Persons who may be enlarged no bail: The provisions of
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he files an appeal against it, or when he is arrested on
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assuming at the trial stage. If is not the prima facie case
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Chapter Three
While granting bail the court must consider the gravity of the
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secured at the trial, reasonalable apprehension of the witnesses
being tampered with the larger interests of the public or the state
enumerated as follows:
relapsed on bail.
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g. The danger of witness being tampered with.
with.
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vii. Similar other considerations which arise when a court is
offence.
Chapter Four
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counsel to make averments of fact in applications and partitions
which averment o fact are made, when those of some one who
Where the high court ordered that bail may be granted by the
found that the charge against the accused could be only fore bail
case he has no power under section 497, Cr.P.C. grant bail to the
person arrested. In such a case the session judge and the high
court can release the arrested person on bail. A part from the
been committed to it to take his trial. Section 497 deals with the
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powers of the trial court to grant bail while s. 498 deals with the
powers of the high court and the Court of Session to grant bail.
been held that where the once before, it had made some remarks
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independent consideration to the case, there is no bar to the high
was made only in the high court when the habeas corpus matter
approach the courts below may not be insisted upon. The mere
fact that the applicant had traveled all the way to the seat of the
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high court and has incurred expenses in engaging a counsel is no
the latter con not go in to the merits of the case over again. He
who heard the first application. He should not grant bail on his
One judge of the high court can not sit in appeal against the
on the first application was not available and was not likely to
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4. Application to high court
The high court does not normally entertain direct application for
bail.
5. Transfer of application
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Chapter Five
1. Meaning
The Alahabad High Court held that bail can not be granted to an
following reasons:
have committed.
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2. When a person appears in court his very physical
that he would not more away from that place. The word
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2. Main Conditions
jurisdiction to allow pre-arrest bail under see. 498 Cr. P.C ares-
court.
be kept in mind.
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3. Conditions enumerated to grant anticipatory bail
and
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4. Duration of anticipatory bail
In Gurbaksh Singh Vs. State, the court made it clear that the
cancelled under sec. 439 (2) of the code. It has, however, been
applicant and such interim bail was set aside on hearing both
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bail is granted on giving full hearing to the public prospector
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Chapter Six
disturbed person:
1. Woman accused
The law permits granting of bail even in a case where there are
offence, the court may release the accused on bail if the person
person.
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The case of women descries special consideration. Merely
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unless any special circumstance exists on record to warrant
refusal of bail.
bail.
2. Age of accused
Age by itself would not be a ground for grant of bail. All the
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Accused a boy of 12 days short of 16 years age at time of
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Accuse appeared to be a young boy and had no previous record.
court. Bail was sick person and was an old heart patient and had
could not take strain of any nature and his remaining in jail
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Cardiovascular Disease, treatment and care of cardiac ailment of
circumstances.
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chronic disease and the trail is not start in the near future bail
capital punishment.
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Chapter Seven
Refusal of Bail
1. Introduction
there are reasonable ground for believe that the accused has
the courts are not supposed to keep in view only the maximum
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2. Bail may be refused to an accused person: on certain grounds:
released on bail.
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Rejection of Bail
Grounds of Rejection
was found abusing his bail, the Madras high court cancelled his
4. Threatens witness,
factors of which the court granting the bail was fully aware.
Where bail was granted by the then presiding judge at the initial
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filling of the charge sheet in the case unless proper application
for its cancellation was moved and a case for its cancellation
was made our after hearing both the parties. Where the session
3. Rejection of bail:
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of freedom by refusal of bail is not for punitive purpose by for
society affected.
in such cases if the appeal has not been disposed of within two
Cancellation of Bail:
alone can justify the cancellation. However, the court has the
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murderous assault sustained as many as nine injuries including
and giving him a grievous blunt weapon injury on the jaw, just
missing neck but uprooting 2/3 teeth. Bail was cancelled. Where
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and take him into custody. If has been emphasized that very
following grounds.
convicted.
investigation.
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5. When it is alleged that the accused is terrorizing the
police.
same.
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3. Cancellation of bail on ground of suppression of material
fact
that earlier their application under section 498 Cr. P.C was
was not pressed the rafter in order to prevent the court from
justice and for ends of justice that the session judge. Shall take
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Consequences of cancellation of bail
person who was not in custody and was admitted to interim bail,
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Chapter Eight
1. Bail Bond
the charge.
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2. Bond without sureties
The court can grant bail on the condition that the person shall
attend at the time and place mentioned in the bail and that would
cover nonattendance before the police but it does not over such
daily in the morning and in the evening to give hajira before the
police officer. A conditions that the accused will not deliver any
speech until the disposal of the case under section 124-A, penal
code pending against him, or that the accused should not reside
certain period or that they should not can act any drama is
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desist from repletion’s of the offence charge. Similarly the court
institution and live there under the order of the court, and is not
4. Security
Section 499 Cr. P.C contemplates the execution for a bond with
section 499 nor S. 513 of the code conditions any thing which
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deposit of a sum of money as security in the place of a bond. It
and in lieu there of take cash deposits. The deepest under this
5. Fitness of surety
The court has to verify the solvency of the surety and the fitness
this nature.
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6. Forfeiture of bond
whether the conditions of a bond have been broken and the bond
understand. It allows them the right to remain free until the end
of the trial period, which if they are innocent means they haven’t
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had to endure any unwarranted jail time, and if they are guilty
gives them that last few weeks, sometimes months with their
during it can make the experience ten times worse and make
That being said there are some major financial disadvantages for
It is often criticized but in the US, during the trial period the
all the court hearings. (Obviously if they are then found guilty
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are more than happy to pay the bail for a 10% (sometimes more)
related dates the agency gets the bond repaid, yet still keeps that
The main problem with this, other than profiting off somebody’s
that if the defendant skips bail the agency may repossess their
home and other assets to cover the bail. If the arrangement was
sorted out by a loved one then the debt could fall on to them,
when all they may have been doing is trying to help. No mother
fed and looked after, which isn’t free. Ok the cost of one person
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Although a rather cynical view, if the bail amount isn’t enough
The major disadvantage that the state might face when granting
bail is that the defendant may never come back, going on the run
or fleeing the country. Although they get paid the bail amount
detained.
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Chapter Nine
The problem I faced to prepare this research paper has not been
that much. Though there has not been a good number of books
The topic being a very important and sensitive one has been
There has not been that much research or study on so far I know.
Though there has been a criticism of bail that makes easier for
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There should be more careful and strict authority with sufficient
To prepare the paper I have discuss the issue with some lawyers
to work on.
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Chapter-Ten
Conclusion
bail emerges from the conflict •between the 'police power' and
the court. The surety is termed 'bail' because the person arrested
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or imprisoned is placed in the custody of those (surety) who
to set the prisoner free from jail or custody, but to release him
from the custody of law and to entrust liim to the custody of his
open to the sureties to seize the prisoner at any time and may
imprisoned.
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Suggestion
Cases.
criminal cases.
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article 33 (1) of the constitution and these are
treatment in detention.
immediately investigated.
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immediately and strictly.
external aggression.
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References
Books
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