Procedures & Provisions to Get Regular Bail Under Criminal Law
What is Regular Bail?
A person who has been arrested or detained by Police or is in judicial custody can seek regular bail for his release from the police or judicial custody. Sections 437 and 439 of Criminal Procedure Code contain express provisions relating to grant of regular bail.
These provisions allow a person to seek bail in case where such person has been arrested on accusation/allegations of commission of some non-bailable offence alleged to have been committed by him.
Who can seek Regular Bail?
Any person who has been arrested and detained by Police or is in judicial custody on an accusation of having committed a non-bailable offence can apply for regular bail.
Where to apply for Regular Bail?
The person arrested can move an application seeking regular bail to the Court of Sessions in whose jurisdiction alleged non-bailable offence is committed or FIR is registered, seeking that he be released on bail.
What is the procedure to get Regular Bail?
Section 439 of CrPC contains express provisions for grant of Regular Bail.
Section 439. Special powers of High Court or Court of Session regarding bail.
(1) A High Court or Court of Session may direct,--
(a) that any person accused of an offence and in custody be released on bail, and if the offence is of the nature specified in sub-section (3) of section 437, may impose any condition which it considers necessary for the purposes mentioned in that sub-section;
(b) that any condition imposed by a Magistrate when releasing any person on bail be set aside or modified:
Provided that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offense which is triable exclusively by the Court of Session or which, though not so triable, is punishable with imprisonment for life, give notice of the application for bail to the Public Prosecutor unless it is, for reasons to be recorded in writing, of opinion that it is not practicable to give such notice.
(2) A High Court or Court of Session may direct that any person who has been released on bail under this Chapter be arrested and commit him to custody.
What points to incorporate in the application for Regular Bail?
Best Criminal Lawyers should consider incorporating the following legal points while drafting a petition for regular bail as per the relevant facts of the case:
· Nature and Gravity of accusation.
· Custodial interrogation is not required.
· Conclusion of the trial will take a long time
· Contents of the FIR are fundamentally perverse
· Recovery affected if any.
· Prima-facie case based on the allegation in FIR or Complaint
· Criminal Antecedents if any.
· Applicant has been falsely implicated.
· Applicant is not likely to abscond from the country.
· Applicant will not interfere in the investigation.
· Applicant will not tamper with any evidence.
· No useful purpose will be served by keeping the accused behind bars.
· Applicant undertakes to abide by all or any condition that may be imposed by the Court as envisaged under section 437 and 439 Cr. P.C while granting concession of Regular bail.
When can the court grant Regular Bail?
The court can consider any of the following factors among others while granting the concession of Regular bail to the accused:
· No further custodial interrogation of the accused is required.
· No recovery is to be affected or recovery has already been affected by the accused.
· Conclusion of the trial will take a long time
· The nature and gravity of accusation is not very serious.
· No prima-facie case is made out against the alleged accused.
· No other case is pending against the accused.
· Keeping the accused behind bars will not serve any useful purpose.
· The accused is not likely to abscond from the country.
· The accused is not likely to interfere in the investigation to be conducted by the Police.
· There are no chances of the accused tampering with the evidence.
What to do if a regular bail application gets rejected?
In case where the regular bail application is dimissed by the trial court, the aggrieved person can challenge that order in the Higher Court.
In case of dismissal of regular bail application by Sessions Court, the order can be challenged in the High Court.
In case of dismissal of regular bail application by the High Court, the order can be challenged in the Supreme Court.
Some of the conditions that can be imposed by court while granting regular bail:
(i) that the applicant shall make himself available for interrogation by a police officer as and when required;
(ii) that the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer;
(iii) that the applicant shall not leave India without the previous permission of the Court;
When can court grant reject Regular Bail?
·If there appear reasonable grounds for believing that the applicant has been guilty of an offence punishable with death or imprisonment for life;
If offence is a cognizable offence and the applicant had been previously convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more;
· the applicant had been previously convicted on two or more occasions of a cognizable offence punishable with imprisonment for three years or more but not less than seven years;
· there are sufficient grounds for further inquiry into his guilt;
· there are reasonable chances of applicant absconding from the country;
· the applicant can destroy/temper or influence witnesses of his case.
EndNote
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Bare Act Source: The Code of Criminal Procedure 1973
