Bail is a rule, jail is an exception Hon'ble Supreme Court of India, in a landmark judgement of state of Rajasthan vs. Balchand @ Baliya laid the legal doctrine "bail is a rule, jail is an exception". Justice V. Krishna Aiyer laid this legal doctrine to safeguard the fundamental right to 'life and liberty' enshrined in Article 21 of the Constitution of India.
Presumption of Innocence Presumption of innocence is a well established principle of criminal jurisprudence in India. According to this principle, a person, accused of any crime is presumed to be innocent until proved guilty beyond reasonable doubt.
Whenever an application for bail in a non-bailable offence is put up before the court, the aforementioned two principles are generally taken into consideration in addition to other criteria of bail.
Kinds of bail
Mainly there are three categories of Bail, viz.,
(1) Bail in bailable offence;
(2) Bail in non-bailable offence; and
(3) Anticipatory bail.
Bail in bailable offence
Section 436 of Cr.PC deals with the provisions of bail in a bailable offence. This section casts a mandatory duty upon the police officer as well as the court to release the accused on bail if the offence alleged is bailable in nature and such accused is prepared to give bail.
Bail in non-bailable offence
Grant of bail in a non-bailable offence is discretionary power of court. Under section 437 of Cr.PC, this discretionary power is exercised by the court other than the High Court or the Court of Sessions. Generally this power is exercised by the Court of Magistrate.
Under section 439 of Cr.PC, High Court and Court of Sessions have special powers to grant bail in non-bailable offence.
Anticipatory bail.
Section 438 of Cr.PC provides that when a person apprehends his arrest in a non-bailable offence, he may apply to the High Court or the Court of Sessions for a direction that in the event of his arrest, he shall be released on bail. This power of court is also of discretionary nature.
In addition to above, there are some other categories of bail, viz.,
- (i) Interim bail
- (ii) transit bail
- (iii) statutory bail (default bail)
- (iv) bail on the ground delay in trial
- (v) bail by trial court after conviction
- (vi) bail by appellate court at the stage of appeal, etc.
Our firm provides comprehensive legal services to its clients to obtain regular as well as anticipatory bail from all the courts i.e. Magistrate Court, Court of Sessions, High Court and Supreme Court in almost all the following criminal cases:-
- Offence against human body: murder, death causing by rash and negligent driving/act, dowry death, abetment to suicide, attempt to murder, causing simple & grievous hurt, wrongful restraint & wrongful confinement, kidnapping & abduction, rape and unnatural offence (377 IPC) etc.
- Offence against property: theft, extortion, robbery, dacoity, criminal misappropriation of property and criminal breach of trust, cheating, mischief, criminal trespass or house trespass, house breaking & forgery etc.
- Offence against women: rape, acid attack, sexual harassment, outraging or insulting the modesty of woman, deceitful cohabitation and dowry harassment etc.
- Bigamy (marrying again during life time of husband or wife), Defamation, criminal intimidation etc.
- Offences under 138 of N. I. Act (cheque bouncing cases).
- Offences triable by Special Courts: NDPS, CBI, SEBI, FEMA, MCOCA, POCSO Act, Prevention of Corruption Act, SC & ST (Prevention of Atrocities) Act, TADA, NSA, Electricity Act etc.
- Various other offences punishable under: Passport Act, Immigration Act, Arms Act, Food Adulteration Act, Companies Act, Factories Act, Copyright Act etc.