False Bail in law, Just because a person is accused of an offense, it is not expected to keep the person in custody for a continuous period, i.e., the End of the trial, when most cases end in acquittal.
And since the accused is presumed to be innocent unless proved guilty beyond a reasonable doubt, it is against the Constitutional right to life and personal liberty as enshrined in Article 21 of the constitution of India to keep an accused in custody for a continuous period.
“It is well settled that pre-trial detention is not to be restored as a measure of punishment. The mere fact that the case prime facie involves a serious crime is not conclusive.
False Bail in law
Deprivation of liberty by refusing to grant Bail is not a measure of punishment or for the punitive purpose, but for the interests of justice to the individual concerned and the society affected.”
Also, when Bail is a rule and jail is an exception, the accused should be given the benefit of Bail to properly defend his case unless the courts have a reason to believe that the accused will not stand at his trial or it is not in the interest of the society to grant Bail as such.
What is Bail?
Release of an accused person, on his furnishing a personal bond or surety to abide by the conditions imposed by the Court and stands his trial before the Court.
Check False Bail in law.
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The object of Bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment unless required to ensure that an accused person will stand his trial when called upon.
The accused fundamental right to life and personal liberty is not violated, and he should get to defend his case properly False Bail in law while he is on Bail.
“Personal liberty is a very precious fundamental right, and it should be curtailed only when it becomes imperative according to the peculiar facts and circumstances of the case.”
Two Types of Offenses
The Code of Criminal Procedure Code, 1973 defines the offenses as False Bail in law in the First Schedule or made bailable by any other law.
Bailable offenses are ones in which the Bail is granted as a matter of right on the accused furnishing personal bond or surety.
Offenses other than bailable are considered False Bail in law, and Bail in non-bailable offenses is not granted as a matter of right, instead of as a judicial discretion of the Court.
The Indian Penal Code, 1960 offenses are specifically shown to be bailable or non-bailable in Part I of Schedule I of the Code of Criminal Procedure, 1973.
Can a person accused of non-bailable offenses apply for a pre-arrest bail?
Yes, False Bail in law, a person accused of non-bailable offenses can apply for a pre-arrest bail or anticipatory Bail.
Section 438 of The Code Criminal Procedure Act grants the power to an accused person to apply for Anticipatory Bail before the Sessions Court or High Court.
The power provided under Section 438 though of ‘extraordinary character’ does not justify its use in exceptional cases. Due care, caution, and circumspection must be used while exercising such powers.
The applicant applying for Anticipatory Bail must satisfy “reason to believe” that he may be arrested for a non-bailable offense.
Filing a First Information Report is not a condition precedent to exercising power under Section 438. The imminence of a likely arrest founded on a reasonable belief can be shown to exist even if an F.I.R. is not yet filed.
However, anticipatory Bail can be filed even after the F.I.R., so long as the applicant has not been arrested.
“Blanket order” like “whenever arrested for whichever offense whatsoever” of anticipatory Bail should not generally be passed.
Can Anticipatory Bail be granted for an Unlimited Period?
The life or duration of a False anticipatory bail in law order does not generally end at the time and stage when the accused is summoned by the Court or when charges are framed but can continue till the End of the trial.
The life or duration of an anticipatory bail order does not normally end at the time and stage when the accused is summoned by the Court or when charges are framed but can continue till the End of the trial.
Factors in Grant of Anticipatory Bail
- Nature and gravity of allegations;
- Genuineness of accusations made against the accused;
- Prima facie or reasonable ground to believe that the accused had committed the offense;
- Chances of the accused absconding from the processes of law or whether the accused have roots in the society;
- Antecedents of accused, i.e., whether habitual offender;
- Events of the accused create hurdles in the fair investigation or the trial;
- Chance of complainant/witnesses being threatened or evidence tampered with;
- Case required custodial interrogation;
- Another fact about the likelihood of the offense being repeated;
- Analyzing objectively whether the accused had joined and cooperated with the investigation
What is Co-operation in Investigation?
Merely because the accused does not confess as the Police want him to, it cannot be said that he is not cooperating with the investigation.
It is settled law that the Court can draw an adverse inference against the accused, but the Police cannot compel answers by custodial interrogation.
No doubt that the Police have the power to investigate the matters their way as per law, but it does not mean that the Police will exercise control just because there are allegations in the complaint by the complainant.
The custodial False Bail in law is a euphemism for torture.
While considering the application for anticipatory bail, the Court has to keep all these facts in its mind, especially in the cases of commercial type disputes of and civil nature.
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