Tag: Bail

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. 

Bail orders finally being computerised

Computer-mediated communication (CMC) is defined as any human communication that occurs through the use of two or more electronic devices. This tecnhique is indeed being adopted by the honourable Supreme Court Of India. The Chief Justice N.V.Ramana flanked by justices L.Nageswara Rao and A.S.Bopanna announced in open court the rolling out of a new scheme called “FASTER” or “Fast and Secure transmission of electronic records”. The use of this scheme would instantly, directly , securely and electronically transmit bail and other orders to jail authorities, district courts, high courts and tribunals. The Chief justice remarked that rolling out of this scheme is essential considering the fact that peope given bail by courts, even by the supreme court have to wait for days before prison authorities release them.” it is just too much”, he said.

The Chief justice heading specail bench, voiced the Supreme court’s displeasure at prison authorities who insist on receiving by hand the “authentic” hard copy of the bail order regardless of the fact that the personal liberty of the people is brushed aside.

The CJI said “in this age of information and communication technology, we are still looking at the skies for the pigeons to communicate the orders”.

The initiative was applauded by the Attorney general K.K.Venugopal.

Further orders

The bench further passed orders requring the state governments to file their reports about the internet connectivity in thier jails to prevent and resolve technical glitches that might occur in the future. The Secretary General of the Supreme Court was directed to submit a comprehensive report within two weeks for formulating the scheme.

The basis of formulation

The hearing was based on a suo moto case , “Delay in release of convicts after grant of bail”, registered on the initiative of Chief justice Ramana to confront the problem which effects the liberty and dignity of the prisoners.

Recent events

In recent times, 13 prisoners in Agra central jail who suffered imprisonment of upto two decades despite being decalred “juveniles” by the Juvenile Justice Board at the time the crime was commited by them. The Supreme Court Of India on july 8th granted bail to those 13 persons, but they were released after a delay of 4 days for cause being; the prison authorities needed a “authentic” hard copy.

Another event of that sort where prisoners were released after sometime after being granted bail is, when Pinjra tod actvists Devangana Kalita and Natasha Narwal and jamia Milia Islamia student Asif Iqbal Tanha walked out of jail only with a delay of two days after bail was granted to them.

A true reform

This is a reform which will change lives eventually by protecting and taking cognizance of their personal liberty. The chief justice N.V.Ramana is seen stressing on personal liberty because once in 1975, when the emergency was declared he witnessed the taste of the poison; civil liberty being taken away. Justice Ramana said the Emergency taught him much about the “human tragedies of hunger, pain and suffering”. Chief Justice Ramaana, recounted his flight in 1975, as an 18-year-old student, from imminent arrest in a lorry to his maternal aunt’s home with ₹10 in his pocket.

(IN)HUMAN RIGHTS

It’s a weekend and you’re wondering how you should spend your time. Maybe go out with friends , or maybe just stay in and read something, or maybe just be locked up in a prison cell. What’s wrong? The last one sounds odd ? Is it not how many people are spending their weekends or maybe everyday of their lives ?

Stan Swamy , 84 year old Jesuit priest, Tribal rights activist based in Jharkhand ,suffering from Parkinson’s disease , died a few days back after being on ventilator for 2 days. He had been lodged in Tihar jail since a year under the stringent charges of UAPA [ Unlawful Activities (Prevention) Act ]. Since he was suffering from Parkinson’s disease , it became difficult for him to carry on his normal day to day activities. It took NIA 50 days to render his request for a sipper and a straw. Yes 50 days. For a straw and a sipper.

Stan Swamy , had worked for Adivasi community and their land and labour rights for decades. He had also questioned the non implementation of 5th schedule of constitution which had led to setting up of Tribes Advisory Coucil with members solely of adivasi communities. He had also raised his voice against indiscriminate arrests of thousands of young adivasis and labelling them as “Naxals”.

Stan Swamy was arrested last year in relation to the Bhima Koregaon case along with many other activists.A brief context to the case – on January 1, 2018 , thousands of Dalits had gathered in Pune to commemorate 200 years of the Battle of Bhima Koregaon — which was won by the British Army (comprising many Dalit soldiers) against Peshwas in 1818.The quiet gathering soon turned violent with many activists being blamed for having instigated and having Maoist links with CPI( M ).

Cartoon 173: Hunger Strike in Iran – Center for Human Rights in Iran

After contracting the corona virus, which further added to his derailing health , he was admitted in the hospital but lost the battle of life before even trying to win the battle of justice.

Human Rights lately sound like a hoax. Despite the fact , that India has Rights of Persons with Disabilities Act ,2016 which protects disabled convicts of torture and discriminatory behaviour in prisons , Stan Swamy was not provided the very basic facilities . India is also signatory to UNCRPD – UN Convention on Rights of Persons with Disabilities, which imposes positive obligation on authorities,including prison staff to ensure that the disabled prisoners are treated equally.

Sudha Bhardwaj, prominent activist , lawyer from Chhattisgarh , also is logded in jail since 2018 in relation to the Bhima Koregaon case and has been refused bail multiple times.

Umar Khalid , activist and former JNU student is also locked up in jail in relation with Delhi riots case under stringent UAPA .

Recently , Pinjra Tod activists, Natasha Narawal and Devangana Kalita were finally released on bail after spending a year in jail. What is most worrisome regarding these cases and many others , is that people have been deprived of their basic fundamental rights. Supreme Court in many of its past judgments has reiterated the right of the accuse of BEING HEARD. Every accused in considered innocent unless proven guilty. And for that purpose BAIL is a very integral part of the process. Bail is the norm , Jail is exception.

How beautiful the sky is , how melodious is the chirping of the birds, how fun it is to catch up with friends at that chai ki dukaan , and how peaceful freedom is. Sadly for some, it’s just a dream.