Sagar Suryawanshi Pune Advocate – What is Bail?

Sagar Suryawanshi Pune Advocate

Sagar Suryawanshi Pune Advocate  is a well renowne advocate from Pune. He is known for filing some of the most debatable cases in high court and supreme court. Sagar Suryawanshi Pune Advocate is one of the most active and vigilant advocates of today’s time. It’s obvious that we all cannot become advocate like him, but at least we can enhance our law knowledge to be better inform citizen. In this article we will learn about what Bail is, types of bail, when it can be grant and when it can be refuse. So these days you must be observing that sometimes famous people get arrest either due to their statement or some offences done by them. So, in this case what these people do is they apply for bail in order to prevent themselves from getting arrest. So, let’s first try to define what bail is.

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What is Bail?

Bail is an application for temporary release of a person from police custody. As per this document, the accuse makes a request that he/she should not be kept under the police custody, however he or she will be present whenever they are called for investigation. This application can be submitt in either the police station or the court either at the time of arrest or post arrest. All the provisions related to bail are list under CRPC,1973 act under section 436-439.

How to obtain bail?

In order to obtain bail, you need to sign on a bail bond and pay the amount specified. Apart from these two things, you also need the assurance of two people who would act as guarantor to ensure that you would not run away after getting bail. The process of obtaining bail goes as once the person is arrest or is about to be arrest, he or she can apply for bail. After the application has been fill, it is check if the offence permits to grant bail to the accuse. If yes, then the bail will be grant through police or court. However, if this is a non bailable offence, then the bail application will be sent to the magistrate, who as per his or her discretion can grant and deny bail.

Can bail be grant in any case ?

In order to get an answer for this question, we first need to understand that there are two kinds of offences namely Bailable and Non Bailable.

  • Baliable Offence:- In case you are being arrest for a bailable offence, then you can be easily grant bail. The bail application is filed either in the police station  court under section 436. Now, since the offences under this category are not that severe, therefore the bail can be grant easily. The reason behind this is that keeping someone behind the bars for petty offence can majorly affect his/her personal life. Now, the section 436 a which was include in the CRPF act after the amendment in 2005 specifies the length of the custody. For eg if a person has been sentence to jail for 6 years, then he can be grant bail after spending 3 years in jail.
  • Non-Baliable Offences:- As the name says, in these cases bail cannot be grant. In these cases the chances of getting bail are slim. The process is both different and difficult unlike Bailable offence. In case of Non-Bailable Offences you need to submit the bail application under section 437 to the magistrate. Depending upon the discretion of the magistrate only, you will be grant or denie bail.

Conditions in which bail can be grant:-

There are certain conditions under which the bail can be grant, such as:-

  • If the accuse is juvenile as per age.
  • If accuse is women.
  • If the accused is ill.

Conditions of bail rejection:-

There are certain condition under which even a magistrate cannot grant bail, they are list as follow:-

  • If the sentence of imprisonment is more than 7 years.
  • Death penalty is declare.
  • If the accused has been declare traitor.
  • If the accuse has committ crime against human body such as murder, rape.
  • If the accuse has committ crime against property which is list under non bailable offence.
  • If the accused is involve in some kind of conspiracy.
Section 439 of CRPC:-

As per this section, session court and high court can grant bail under any condition without any restrictions, whatsoever.

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