SYNOPSIS ON THE SUBJECT TOPIC OF

THE LAW OF BAIL PRACTICE AND PROCEDURE

SYNOPSIS FOR THE SUBJECT CRIMINAL PROCEDURE CODE

Submitted To:

Submitted By:

Dr. Vijay Kumar Himanshu

Anklesh Kumar
Galgotias University
B.A.LLB(H)

INTRODUCTION
MEANING 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.
According to Black's Law Dictionary, what is contemplated by bail is to "procure the release
of a person from legal custody, by undertaking that he/she sha ll appear at the time and place
designated and submit him/herself to the jurisdiction and judgment of the court.".

BAIL UNDER CRIMINAL PROCEDURE CODE:

Section 436 of the Code provides for release on bail in cases of bailable offenses. Section 436
provides that when person not accused of a non-bailable offense is arrested or detained he can
be detained as right to claim to be released on bail.
This section entitles a person other than the accused of a non-bailable offense to be released
on bail, it may be recalled that S. 50(2) makes it obligatory for a police officer arresting such
a person without a warrant to inform him his right to be released on bail.
Section 436 (1) of the Code signifies that release on bail is a matter of right, or in other
words, the officer- in-charge of a police station or any court does not have any discretion
whatsoever to deny bail in such cases. The word " appear in this sub- clause is wide enough to
include voluntary appearance of the person accused of an offense even where no summons or
warrant has been issued against him. There is nothing in S. 436 to exclude voluntary
appearance or to suggest that the appearance of the accused must be in the obedience of a
process issued by the court. The surrender and the physical presence of the accused with the
submission to the jurisdiction and order of the court is judicial custody, and the accused may
be granted bail and released from such custody.
The right to be released on bail under S. 436(1) cannot be nullified indirectly by fixing too
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high amount of bond or bail-bond to be furnish by the person seeking bail. Section 440(1)
provides the amount of every bond executed under this chapter shall be fixed with due regard
to the circumstances of the case, and shall not be excessive. Further S. 440(2) empowers the
High Court or the Court of Sessions may direct that the bail required by a police officer or
Magistrate be reduced.
Sub-section (2) of S. 436 makes a provision to effect that a person who absconds or has
broken the condition of his bail bond when released on bail is a bailable case on a previous
occasion, shall not as of right to be entitled to bail when brought before the court on any
subsequent date even though the offense may be bailable.
Of course, if facts are brought to the notice of the court which go to show that having regard
to the condition and background of the accused his previous record and the nature and
circumstances of the offense, there may be a substantial risk of his non-appearance at the trial,
as for example, where the accused is a notorious bad character or confirmed criminal or the
offense is serious the court may not release the accused on his personal bond and may insist
on bail with sureties. But in the majority of cases, considerations like family ties and
relationship, roots in the community, employment status etc. may prevail with the court in
releasing the accused on his personal bond and particularly in cases where the offense is not
grave and the accused is poor or belongs to a weaker section of the community, release on
personal bond could, as far as possible, be preferred. But even while releasing the accused on
personal bond it is necessary to caution the court that the amount of the bond which it.

REVIEW OF LITERATURE
The word Bail means the security of a prisoners appearance for trial. The effect of granting
bail is, accordingly not to get the prisoner free from jail or custody, but to release him from
the custody of Law and to entrust him to the custody of his sureties who are bond to produce
him at his trial at a specified time and place. Grant of bail is a rule and refusal is an exception.
A person accused of a bailable offence has the right to be released on bail. Bail in case of
bailable offences is compulsory. In the matter of admission to bail the Code of Criminal
Procedure makes a distinction between bailable & non-bailable offences. The grant of bail to
a person accused of non-bailable offence is discretionary. But a person accused of bailable
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offence at any time while under detention without a warrant at any stage of the proceedings
has the right to be released on bail in view of section 436 Cr. P.C. 1973.1 When the offence is
bailable and accused is prepared to furnish bail, police officer has no discretion to refuse
bail.2 Even when a person suspected of committing a bailable offence is produced before a
magistrate and he is prepared to give bail, Magistrate has no option but to release him on
appropriate bail.3 Magistrate cannot refuse to accept surrender and to bail out an accused
against whom a petition or complaint of bailable offence has been filed.4 The offence when is
bailable, bail has to be granted. If the offence is non-bailable further considerations arise.5
While adjudicating a bail application detailed examination of evidence and elaborate
documentation of the merits of the case is however to be avoided

STATEMENT OF THE PROBLEM

The main objective behind such a provision is to prevent those falsely implicated in
criminal cases to be subject to jail- time. The main factors considered while granting
prayers for anticipatory bail are that:

The full and free investigation of the offence should not be hampered.

The accused must not be subject to harassment and unjustified detention.

HYPOTHESIS

Bail connotes the process of procuring the release of an accused charged with certain
offence by ensuring his future attendance in the court for trial and compelling him to
remain within the jurisdiction of the court.

RESEARCH QUESTIONS

Who may be Released on Bail

Maximum period for which an under trial prisoner can be detained ?

What is the due process of Law for obtaining Bail.

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RESEARCH METHODOLOGY
The study involves all the three categories of research methodologies including
analytical, descriptive as well as historical. It will involve secondary data such as various
Acts, Rules and regulations, Judgements, Articles, Published Reports, Books and Jo urnals.

TENTATIVE CHAPTERS
1. Introduction
2. Bail under Criminal Procedure Code
3. Maximum period for which an under trial prisoner can be detained
4. Right to bail and right to free legal aid - : articles 21 and 22 read with article 39a
5. Case laws
6.

Conclusion

BIBLIOGRAPHY

A. FOR AN AUTHORED BOOK -:

1. Law lexicon by Ramanth Iyer, (3rd ed).

2. Black's Law Dictionary 177 (4th ed.)
3- Criminal Procedure by C.K. Takwani
4-The Code Of Criminal Procedure by Ratan Lal and Dheerajlal.

B- WEBSITES
http://www.biharpolice.info/Right_To_Bail_in_india.html

http://www.vera.org/content/manhattan-bail-project-official-court-transcripts-october-1961june-1962

C- CASE LAWS

State of Rajasthan v. Balchand, AIR 1977 SC 2447

Sandeep Jian v. State NCT of Delhi, ( 2000 ) 2 SCC 66
Maneka Gandhi v. Union of India [1978] 2 SCR 621
Moti Ram & Others. v. State of M.P [1978] 4 SCC 47
In Public Prosecutor v. George Williams1951 Mad 1042
Gurbakh singh sibba v. state of Punjab AIR 1980
Adri dharan Das v. State of West Bengal AIR 2005