bail of accused case undersection
ashok prajapati
(Querist) 08 October 2009
This query is : Resolved
Respected Members
Kindly send me some citations for bail of Accused case us 460/461/462/463/464/465/466/467/468/469/470/471/420 IPC .Thanx Regards
ashok prajapati Advocate
A V Vishal
(Expert) 08 October 2009
Bail, in law, means procurement of release from prison of a person awaiting trial or an appeal, by the deposit of security to ensure his submission at the required time to legal authority. The monetary value of the security, known also as the bail, or, more accurately, the bail bond, is set by the court having jurisdiction over the prisoner. The security may be cash, the papers giving title to property, or the bond of private persons of means or of 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. The law lexicon[1] defines bail as the security for the appearance of the accused person on which he is released pending trial or investigation.
Courts have greater discretion to grant or deny bail in the case of persons under criminal arrest, e.g., it is usually refused when the accused is charged with homicide.
What is contemplated by bail is to "procure the release of a person from legal custody, by undertaking that he/she shall appear at the time and place designated and submit him/herself to the jurisdiction and judgment of the court." [2]
It has been stated that the factors to be taken into consideration in determining the amount of bail are:
(1) ability of the accused to give bail,
(2) nature of offense,
(3) penalty for the offense charged,
(4) character and reputation of the accused,
(5) health of the accused,
(6) character and strength of the evidence,
(7) probability of the accused appearing at trial,
(8) forfeiture of other bonds, and
(9) whether the accused was a fugitive from justice when arrested. [10]
That the accused is under bond for appearance at trial in other cases should also be considered.
A major factor in determining the amount of bail in a current matter is the character and former criminal record of the defendant. It has been held, however, that the criminal activities and tendencies of a person applying for bail on a charge of vagrancy do not justify the fixing of bail at an excessive amount for the purpose of keeping him in jail.
In determining the amount of bail, voluntary surrender may be considered as an indication that the defendant has no intention of absconding from justice. On the other hand, it is also proper, in setting a higher bail figure, to take into consideration the fact that at the time of arrest the accused was a fugitive from justice, or the fact that the defendant has previously absconded while under indictment.
Even where bail is a matter of right, the fact that a person has previously forfeited bail is a factor to be considered in determining the amount of bail; in such a case bail may be set in such amount as will reasonably assure the presence of the defendant at court, although bail may not be refused altogether.[11] In setting the bail, the court may also consider the behavior or misbehavior of the defendant during parole from prison on a previous criminal conviction.
The probability of the establishment of guilt at the trial, or the existence of doubt as to the guilt of the accused, is a proper
consideration in determining the amount of bail. Hence a court, in determining the amount of bail, may consider the character and strength of the evidence by which the crime charged is supported.
A court should give some regard to the prisoner's pecuniary circumstances, since what is reasonable bail to a man of wealth may be equivalent to a denial of the right to bail if exacted of a poor man charged with a like offense.[12] An accused cannot be denied release from detention because of indigence, but is constitutionally entitled to be released on his personal recognizance where other relevant factors make it reasonable to believe that he will comply with the orders of the court.[13]
However, bail is not rendered excessive by the mere inability of the accused to procure bail in the amount required. In other words, the extent of the pecuniary ability of the accused to furnish bail in not controlling, if it were, the fixing of any amount, no matter how small, where the accused had no means of his own and no friends who were able or willing to become sureties for him, would constitute a case of excessive bail, and would entitle him to got at large on his own recognizance. It is the incarceration of those individuals who cannot meet established money bail requirements, without meaningful consideration of other possible alternatives, which infringes on both due process and equal protection requirements.
The Criminal Procedure Code, 1973 (Cr.P.C. hereinafter), does not define bail, although the terms bailable offence and non-bailable offence have been defined in section 2(a) Cr.P.C. as follows: " Bailable offence means an offence which is shown as bailable in the First Schedule or which is made bailable by any other law for the time being enforce, and non-bailable offence means any other offence". Further, ss. 436 to 450 set out the provisions for the grant of bail and bonds in criminal cases. The amount of security that is to be paid by the accused to secure his release has not been mentioned in the Cr.P.C.. Thus, it is the discretion of the court to put a monetary cap on the bond.
Kiran Kumar
(Expert) 08 October 2009
i agree with Vishal Ji.
its a matter of discretion of court...
Sarvesh Kumar Sharma Advocate
(Expert) 08 October 2009
read the f.i.r. 10 times ,see what r the mistakes,convince the court and take the benefit of that mistakes in the time of bail.
Raj Kumar Makkad
(Expert) 09 October 2009
There are various citations available on the matter but it depends on case to case.
