Criminal Bail Lawyer in Ahmedabad Gujarat | 9925002031 | Advocate Paresh M Modi
In India, bail is governed primarily by the Code of Criminal Procedure, 1973 (CRPC), which provides provisions for granting bail to accused persons during the pendency of their trial. The CRPC outlines various types of bail and conditions under which bail can be granted. Here are the types of bail commonly recognized in India:
- Regular Bail: Regular bail is granted to an accused person who is under arrest or in custody during the trial proceedings. This type of bail can be granted at any stage of the trial process, including before the trial begins or during the trial.
- Anticipatory Bail: Anticipatory bail is a pre-arrest bail that can be sought by a person apprehending arrest in anticipation of being implicated in a non-bailable offense. It is typically sought when there is a reasonable apprehension of arrest based on a complaint or FIR filed against the individual.
- Interim Bail: Interim bail is a temporary bail granted for a short period, often until a regular bail application is disposed of by the court. It can also be granted for specific purposes such as medical treatment, attending a family function, etc.
- Personal Bond: A personal bond is a type of bail where the accused is released on the basis of executing a bond with or without sureties, as determined by the court. The accused person promises to appear in court as and when required during the trial proceedings.
- Surety Bail: Surety bail involves a third party, usually a relative or friend of the accused, who provides a guarantee to the court that the accused will comply with the conditions of bail. The surety undertakes to ensure the presence of the accused in court during the trial.
Provisions in the Code of Criminal Procedure (CRPC) for bail in India:
- Section 437: This section deals with the power of the court to grant bail to a person accused of a non-bailable offense.
- Section 438: This section provides for the provision of anticipatory bail, allowing a person to seek bail in anticipation of arrest for a non-bailable offense.
- Section 439: This section deals with the special powers of the High Court and Court of Sessions regarding granting bail to persons accused of, or suspected of, the commission of any offense.
- Section 436: This section deals with the release on bail of an accused person arrested without a warrant.
- Section 437A: This section provides for conditions for the grant of bail to a person accused of an offense punishable with death or imprisonment for life.
These provisions empower the courts to grant bail to accused persons based on various considerations, including the nature and gravity of the offense, the likelihood of the accused absconding or tampering with evidence, and the interests of justice.
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