Bail Law and Procedure

Also covering Bail under Economic offences, NDPS, Excise, FEMA, Customs, Money Laundering, Prevention of Corruption, MCOCA, Immoral Traffic, POCSO, Juvenile Justice, Wild Life, Information Technology.

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Description
Bail, the process by which Court releases a person charged with some offence, after taking a security, so as to guarantee his appearance during the trial, is a very important aspect in a civilized society under the criminal justice administration. It may also be applied in cases for the release of a convict pending his appeal/revision. Security for release of such a person may be in the form of a sum of money, or a bond, supported by proof of solvency of the surety concerned, which may be reflected by way of ownership to any kind of property, movable or immovable. The rationale behind the concept of bail is to avoid punishing an 'innocent person', liable to acquittal upon conclusion of trial, besides helping him to prepare his defense effectively. The conditions of bail, including surety amount, depend upon various factors viz gravity of the offense, likelihood of fleeing from justice, quality of the evidence available and social status of the accused. Non-consideration of financial status of the accused at the time of fixing the bail amount led to debate in the mid-20th century, on account of discrimination vis-à-vis poor people and those belonging to lower strata of the society, consequently, depriving such accused persons equal opportunity to secure liberty during trial. Nevertheless, nowadays, Courts, while considering bail application, also take into account the fact of indigent accused not likely to abscond, owing to his antecedents and roots in the society. The Court may grant bail to the accused under certain circumstances subject to furnishing of personal bond only-i.e. without any additional security/surety.

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Table of Contents
Chapter 1 : Introduction
Chapter 2 : Arrest, Detention & Custody
Chapter 3 : Conspectus of Bail
Chapter 4 : Anticipatory Bail
Chapter 5 : Bail Under Special Laws
Chapter 6 : Cancellation of Bail
Chapter 7 : Practice & Procedure
Chapter 8 : Security under Preventive Provisions of CrPC
Chapter 9 : Conclusions and Suggestions
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Author Details
Dr. Ashutosh, Advocate