DIFFERENT KINDS OF BAIL

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/herself at the appointed time results in forfeiture of the security. Courts have greater discretion to grant or deny bail in the case of persons under criminal arrest. 

KINDS OF BAIL

1. Bail for Bailable Offence 

According to Criminal Procedure Code, if the offence alleged is bailable, then the accused is entitled for bail as a matter of rights either before the police or when presented before the Magistrate Court. In bailable offences bail is a right and not a favour. In such offences there is no question of any discretion in granting bail.

 2. Bail for Non-bailable Offence 

Criminal Procedure Code empowers two authorities to consider the question of bail, namely (1) a court and (2) an officer-in-charge of the police station who has arrested or detained without warrant a person accused or suspected of the commission of a non bailable offence.

Before exercising his power, a station officer should satisfy himself that release on bail of such accused would not prejudice the prosecution or affect investigation in any manner. In case of an offence punishable with death or imprisonment for life, station police officer cannot release a person on bail, if there appears reasonable grounds for believing that he has been guilty of such offence. If it appears to the Court that that there are not reasonable grounds for believing that the accused has committed a non-bailable offence, but that there are sufficient grounds for further inquiry into his guilt, then the accused (pending enquiry) can be released on bail. 

3. Anticipatory Bail 

Anticipatory Bail granted to a person in anticipation and apprehending arrest. It may be granted under a few circumstances: 

1. A special case is made out that would suggest that there are ample grounds to assume that the applicant may be detained for unreasonable grounds. 

2. The allegations were made with a false intent or to cause the claimant to be injured/humiliated and arrested. 

3. The arguments against the claimant are ambiguous or generic. 

4. The name of the accused is not mentioned in the FIR. 

5. The applicant satisfies the Court that he is from a respectable family, has deep roots in society, and is not likely to abscond from or avoid the Court’s proceedings or to hinder the investigation in any way.

4. Mandatory Bail or Statutory Bail 

Under Section 167, magistrate can either allow for police custody or judicial custody for a period of 15 days. However, the accused can also be sent to judicial custody for a period of 90 days or 60 days.

Section 167(2) further provides that if at the end of the period (60 or 90 days) of judicial custody, if the investigation is not completed by the police, the court shall release the person “if he fulfill bail conditions”.

Thus, a magistrate according to law or a statute (section 167 of CRPC) cannot authorise a person’s judicial remand beyond the 60-or 90-day limit.