Bail before Arrest

bail before arrest

bail is a statutory conceesion given to an accused under the provision of Crpc. it may be either after arrest or before arrest. sec 498 crpc talks about bail before arrest.pre-arrest bail is an extraordinary concession which is to be extended to accused who has been falsely implicated.

=> sec 498 crpc

=> meaning.means bail granted to an accused before his arrest when he physically surrenders himself before the court

=> object.. to protect liberty and honor of respectable citizen from humiliation at the hands of police

=>fourm...... session court, highcourt

=> condition
1) apprehension imminent arrest
2) apprehension of humiliaiton
3) otherwise a fit case
4) physically surrender before the court
5) petition before session court...... high court

=> when granted
case of further inquiry
personal enmity between parties
insufficient evidence
child
female
old age
bad faith of police

=> not granted
habitual offender
likelihood of abscondence
tempering prosecution evidence

=> prearrest bail should be granted in bailable offences

=>nonbailabe offence...... should not be granted where offence is punishable with death or life imprisonment or imprisonment for 10 years in other case it may be allowed

=>conditional.... court can impose conditions. if not fulfilled by the accused .. it may be cancelled