What is meant by bail? Can it be claimed as a matter of right in non-bailable offence?

What is meant by bail? Can it be claimed as a matter of right in non-bailable offence? Also discuss grounds for grant of such bail.

1. Introduction

• Under Cr.P.C, Pre arrest Bail is also known as anticipatory bail. If any person thinks that he would be arrested on false charges due to enmity with someone, or he is afraid of that a false case may be built up against him. In this case he has the right to move the court of competent jurisdiction under Code of Criminal Procedure for grant of bail before arrest.

2. Relevant Provision 

• Section 496,497 & 498 of Cr.P.C deals with bail before arrest.

3. Definition of bail

• The term bail refers to a process in which an individual arrested for a crime is needed to pay a specified amount of money for his release from police custody. The amount of security is set by a judge.

4. Definition of bail before arrest

• Bail before arrest is such bail which is granted by the competent court where court thinks that an innocent person is involved in a case which can become cause of injury to his reputation, honor etc.

5. Can bail is claimed as a right in Non-bailable offence

• Under the criminal procedure code, it is the discretion of the court that it may grant the concession of bail in non-bailable offences. But under the light of Cr.P.C, it cannot be claimed as a right of accused.

6. Bail in Non-bailable offences U/S 497 

Following are the cases where bail can be granted to an accused in case of non-bailalbe offences.

1. Arrest without warrant

• If an accused who has been arrested by the officer of police station without obtaining the arrest warrants from the competent court, in this case bail will be granted to an accused even in case of non-bailable offences.

2. Insufficient grounds

• If an accused who has been arrested by the officer of police station but police officer does not have sufficient grounds for his arrest, in this case bail will be granted to an accused even in case of non-bailable offences.

3. Accused himself appears before the court

• If an accused who has been arrested by the officer of police station who himself had appeared in the court for trial, in this case bail will be granted to an accused even in case of non-bailable offences.

4. Accused forcefully brought before the court

• If an accused who has forcefully been brought before the court by the officer of police station, in this case bail will be granted to an accused even in case of non-bailable offences.

7. When bail before arrest is granted

Following are the cases where bail before arrest is granted. Details are as under.

1. If further inquiry is required

2. If evidence related to case is insufficient 

3. If an accused is a minor 

4. If an accused is a female

5. If an accused is an old man

6. If there is personal enmity between the parties

7. If there is police is bad faith

8. Kinds of bail

Following are the kinds of bail. Details are as under.

1. Bail after arrest

• Bail after arrest is such bail which is granted to an accused after his arrest, it may be in both bailable and non-bailable offences.

2. Bail before arrest

• Bail before arrest is such bail which is granted to an accused before his arrest, it may in both bailable and non-bailable offences.

3. Bail after conviction

• Bail after conviction is such bail which is granted to an accused after his conviction by the court, where court accepts the appeal of the advocate for such bail and starts hearing of the case. It may be in both bailable and non-bailable offences.

4. Interim bail 

• Interim Bail is such temporary bail which is granted to an accused by the court until your request for permanent bail is pending before the court.

5. Permanent bail

• Permanent bail is such bail which is granted to an accused by the court after his arrest and accused has to apply for bail during under the custody of police. 

9. Kinds of Non-bailable offences

Following are the kinds of non-bailable offences. Details are as under.

1. If offence punishable with death, 

2. If offence is punishable with life imprisonment

3. If offence is punishable with the term of 10 years

10. Conclusion 

• To conclude I can say that criminal procedure code provides that an accused may be granted pre arrest bail in case of bailable offences and an accused can claim such bail as a right but in case of non-bailable offences an accused cannot claim such bail as his right but it is the discretion of the court that it may grant the concession of bail in non-bailable offences on its own.