Bail Matters Law: An A to Z guide for persons in need
What is a bail matter?
The term ‘Bail’ is quite a common term in the world of Law. This term has been derived from an old French verb, ‘bailer’. This French term stands for ‘deliver’ or ‘to give’. According to our Indian Law, bail refers to the provisional release of a person who has been accused in a criminal case but the final judgment is yet to come. The Bail Matters Law is associated with the security of the accused. This basically a short relief for the accused and expert Criminal lawyers in Kolkata can help one the best in the area of bail.
Types of bail in India
According to the ground of the criminal matter, there are 3 popular types of bail that one accused can apply for. Only expert Criminal lawyers in Kolkata High Court can help in choosing the most appropriate one after a detailed case study. Choosing the right type is important otherwise, the application can be dismissed by the authority.
- Regular bail- according to 437 and 439 of CrPC, a regular bail application can be issued for a person who has been arrested or in police custody.
- Interim bail- This is actually a short-term bail i.e. the bail will be approved for a short span of time. The advocates can issue such a bail before the hearing for the approval of anticipatory bail or the regular one.
- Anticipatory bail- according to section 438 of CrPC, this bail can be granted by session court or high court. This is actually a pre-arrest bail. I mean if a person thinks that he/she can be arrested for a non-bailable offense, that person can apply for such a bail type.
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What are the grounds for bail?
Conditions to get bail in bailable offense
- There is enough reasons or proof that the accused has not committed the offense
- The matter requires further inquiry
- The person is not accused of any punishable offense such as life imprisonment, death, imprisonment up to 10 years, and so on.
Grant of bail in non-bailable offenses
According to 437 of CrPC 1973, the accused person does not have the right to apply for bail. It will be accepted as the discretion of the court to grant bail in non-bailable offenses.
- If the accused is a woman or a child, the bail can be granted even if the offense is non-bailable
- If the accused is sick and need treatment
- If there is a prominent delay in lodging the FIR by the compliant
- If there is a lack of proper evidence, bail can be granted
Cancellation of bail:
The court has the power to cancel a bail application even at the later stages. The court can cancel the bail as well as direct the police officers to arrest the accused. The court has this power under sections 437 (5) and 439 (2) of CrPC.
Generally, such a situation can be handled by expert advocates who work around bail matters law. Instead of searching ‘Criminal advocates near me’, you can directly contact Advocate Shilpi Das & Ak Legal Advisors / RD Lawyers & Associates Advocate Anulekha Maity / RD Lawyers & Associates Advocate Puja Roy. It’s the only destination where you will meet excellent advocates with years of experience in dealing with criminal law cases.