Bail

The term ‘bail’ means a kind of security or bond which is given to release a person from prison.
It is a pro tem release of a criminal before his trial begins. The term ’bail’ is not defined
anywhere in the Criminal Procedure Code, 1973, however, the terms ‘bailable offense’ and ’non-
bailable offense’ are defined in Section 2(a) of Cr.P.C.

In the cases where client gets bail:-

Section 436 of crpc states that any person who is detained by a police officer, who doesn’t have a
warrant or that person is prepared in the custody of the police officer before the court has granted
him bail, shall be released on bail through a bond without any kind of sureties.

If the person has failed to follow the bail-bond then he can be refused bail. In case, the person
appears in the court, such refusal will be subject to the court and it can call that person and
impose penalty given under Section 446 of Cr.P.C.

Types of bail

Generally, there are three types of bail they are as following:-

Regular bail

When a person has been arrested and is kept in custody, then the person can be released on a
regular bail under Section 437 and Section 439 of the Cr.P.C.

Section 437

It states that, if any person is detained for the commission of a non-bailable offense, without
a warrant by a police officer, or when there are reasons to believe that there are not sufficient
grounds to prove that the person has committed any non-bailable offense, and then he can be
released. This has to be followed in case he appears in any other court other than the Court of
Sessions or the High Court.
Even so, this person cannot be granted bail if there are reasons to believe that he is guilty of any
offense punishable with a death sentence or life imprisonment or he has earlier been convicted
for an offense which was punished with punishments of the same nature.

Section 439

It gives special powers to the High Court and the Court of Sessions regarding the same.

It enables these courts to release the people on bail for the offenses specified in Section 437(3) of
CrPC. The court can impose any condition which it thinks is necessary.

It further provides that any condition which the Magistrate imposes can be set aside if the High
Court has granted bail after giving notice to the public prosecutor. The bail, in this case, should
be provided in case the offense can be tried exclusively by the Court of Sessions and is
punishable with life imprisonment.

Under both of these Sections, the courts can again direct the arrest of that person.

Interim bail

Before the procedure for granting a regular bail or anticipatory bail, interim bail is provided. It is
given for a temporary period. The reason behind this is that the granting of bail by the High
Court or the Court of Session requires documents to be sent by the lower courts, which takes
time. So, for the time being, the provision of interim bail is provided.

The Interim bail can be extended and if its period expires then the person to whom it is granted
has to be put in jail again.

Anticipatory bail

Section 438 of the Criminal Procedure Code, provides the direction for a person apprehending
arrest for any reason to believe.
It provides that any person who anticipates that he can be arrested in pursuance of any accusation
of committing a non-bailable crime can apply for the grant of anticipatory bail. Application has
to be made to the High Court or the Court of Sessions.

According to this Section if a person is released then there are some conditions that will follow-

 The person has to be present during the investigation whenever required,

 The person cannot induce any person to disable him to enclose the facts against him
during the proceedings,
 The person shall not leave India without the prior permission of the court.

It was further provided that if any person is arrested by a police officer without a warrant then he
can be given bail.