Information About Bail

Bail is of three kinds. 1. One is pre-arrest bail, where an FIR is registered but the accused is not arrested, and before being arrested he surrenders himself in court and obtains interim pre-arrest bail there, which is later confirmed or dismissed. In common language this is called pre-arrest bail. 2. The second is post-arrest bail, after an FIR is registered the accused is arrested, and after arrest goes to jail on judicial remand, meaning either the remand period expires, or the court refuses to grant physical remand and sends him to judicial custody. On the day he goes into judicial remand, his post-arrest bail can be filed on that very day. 3. The third kind of bail is suspension of sentence, that someone's trial proceeded, he was convicted, and after conviction he went to jail, and to get his sentence lifted he filed an appeal, and after filing or while filing the appeal, he can file an application for suspension of sentence, this too is a kind of bail. Now which sections deal with these? 1. Pre-arrest bail is dealt with by Section 498 CrPC. 2. Post-arrest bail is dealt with by Section 497. 3. Suspension of sentence is dealt with by Section 426 CrPC, these three are all CrPC sections. Now there's one more section under which bail can be obtained, that's Section 496, for bailable offences, you go to the magistrate under Section 496 CrPC with a copy of the FIR and a written application, saying, this is the FIR, this is a bailable offence, we are surrendering ourselves before you, please grant us bail. Now the only difference between this bail and the others is this: the moment you file the application, you come under the court's custody. You will only be released once you submit the bail bonds. My request to fellow lawyers is this: when you go to a magistrate under Section 496, writing the application under 496 CrPC with the FIR attached, also take your bail bonds prepared with you, just leaving the amount blank, whatever amount the magistrate asks for, the bail bond, the surety bond, so that when the magistrate passes his order, whether it's fifty thousand, one lakh, two lakh, or ten lakh worth of bonds, you can fill it in right then and produce the surety, present the bail bond, so it's proven and accepted right there and you're released and go. If you've taken a 496 application and the magistrate has taken cognizance and passed the order, but you don't submit any bail bond before the time expires, then you'll have to go into judicial custody, into jail, keep this in mind. Sections 496, 497, 498, and 426 CrPC, these are the sections that deal with this. Now, how is pre-arrest bail filed? What are the elements of pre-arrest bail? Why do you go seeking pre-arrest bail? 1. Pre-arrest bail is for an innocent person, that we are innocent, the accused says I am innocent, this is a false case, encouraged, with an ulterior motive, all this has been done to achieve an external objective. Now these three elements will be part of your application, so your application is formally in hand. What needs to be written in the application? First, under Section 498 CrPC, application, a copy of the FIR registered against me and my co-accused at this person's instance is attached. I am innocent, the police are encouraging false action, they want to arrest me without cause, therefore I am surrendering before the court. I be granted bail on the following grounds. In the first ground, mention the documents you have in your favour, mention the facts, then you need to satisfy the court that whatever surety bond amount you specify, to your satisfaction, I am ready to pay, ready to deposit to the court's satisfaction, and the relief clause should ask for two reliefs: number one, that I be granted pre-arrest bail until the matter is finally decided. Second, interim pre-arrest bail be granted. Until final disposal, this bail application will be accompanied by an affidavit and a copy of the FIR, documents, your vakalatnama, this whole file will be prepared. Now after this, 2. Post-arrest bail: for post-arrest bail, the vakalatnama you attach with this petition must be signed by the accused, and it must be attested by wherever the accused is in custody, whether he's in jail, in the police station, or has appeared in court. If he has appeared in court, it should be attested by the court. If he's in the police station, it should be attested by the SHO, and if he's in jail, by the jailer. Wherever the accused needs to sign or thumbprint. Besides this, the requirements of post-arrest bail differ from pre-arrest bail, but the requirements of pre-arrest bail are included in post-arrest bail too. In pre-arrest bail, if you don't prove ulterior motives, mala fide, the result of some motive, you have no case, you can't get pre-arrest bail if you can't prove this. But in post-arrest bail, to add insult to injury, you didn't even get time to file pre-arrest bail, you were immediately caught, you can raise this as a ground. But in post-arrest bail you have to prove that I am being kept in jail, if I'm kept in jail further, it won't benefit the prosecution at all. My further stay in jail won't benefit the prosecution. My past conduct and present situation show that I won't repeat this offence. My past conduct and present situation show that I cannot tamper with the prosecution's evidence. I cannot abscond, I am innocent, these are the elements in post-arrest bail. Now comes 3. Suspension of sentence, this is a short one, as a matter of right you get bail, suspension of sentence. Suspension of sentence will be granted. If the sentence is severe, time periods are given, that you've spent this much time, the appeal hasn't been decided, this is as a matter of right, that's the basic part. Now on merits, how is it suspended? Now say the sentence is death, you'll stay inside for two years, as a matter of right, if it's not your fault, if the litigation itself is taking dates, you're a convict, stay inside, but if two years haven't passed and you say my death sentence or life sentence, or this sentence is wrong, then you need to find the flaws, the unlawful points in that judgment, which, if written lawfully or fairly, would not have resulted in conviction, then your suspension will be granted. I hope I have given you a detailed lecture on bail.