Prospect Legal is a Bhopal based Legal firm. We provide Consultancy as well as attorney services for Regular Bail, Anticipatory Bail & Interim Bail at Bhopal. We are specialize in Court procedure for filling the Bail petition in Lower Court, High Court as well as Supreme Court of India.
CALL 975-207-7788 FOR BAIL IN BHOPAL
TYPE OF BAIL
01) Regular Bail
02) Anticipatory Bail
03) Interim Bail
What is Regular Bail?
Regular Bail is applied by a person AFTER he is arrested by the Indian police for a crime he is suspected to have committed. Since he has already been arrested and in the custody of Police, he has to apply for Regular Bail.
What is Anticipatory Bail?
Anticipatory Bail is granted after the registration of FIR but BEFORE a person is arrested by police. If a person apprehends that he might be arrested, he may apply for an Anticipatory Bail.
What is Interim Bail?
Interim Bail is like a temporary bail which may be granted till the time your application for Regular Bail or Anticipatory Bail is pending before a Court.
CALL 975-207-7788 FOR BAIL ADVOCATE IN BHOPAL
What do you understand by an offence?
Any act which is deemed as an offence by any law is an offence. Any act which causes a violation of rights of others or cause harm to others and is so dangerous that is also affects the society at large is designated as offence. Section 2(n) of CrPC defines an offence as follows –
“Offence” means any act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under section 20 of the Cattle-trespass Act, 1871.
Further Section 39(2) says that act committed outside India is also an offence if that act would be an offence if committed in India.
CALL 975-207-7788 FOR BAIL PETITION IN BHOPAL
Understanding about Bail
Bail is an instrument which is used to ensure the presence of an accused whenever required by the court. CrPC does not define the term Bail, but essentially, Bail is an agreement in which a person makes a written undertaking to the court to appear before it whenever required and comply with any conditions set out in the agreement. He/she also assures to forfeit a specified sum of money if the person fails to comply with any terms and conditions of the agreement.
Difference between Bailable and non-Bailable offence
Offence Covered Under Bailable category
In case of bailable offence, the grant of bail is a matter of right. It may be either given by a police officer who is having the custody of Accused or by the court. The accused may be released on bail, on executing a “bail bond”, with or without furnishing sureties.
The “Bail Bond” may contain certain terms and conditions, such as:
The accused will not leave the territorial jurisdiction of the state without permission of court or police officer. The Accused shall give his presence before police officer every time, he is required to do so. The Accused will not tamper with any evidence whatsoever, considered by police in the investigation.
The court is empowered to refuse bail to an accused person even if the offence is bailable, where the person granted bail fails to comply with the conditions of the bail bond.
EXAMPLES OF BAILABLE OFFENCE
- Being a member of an unlawful Assembly.
- Rioting, armed with deadly weapon.
- Public servant disobeying a direction of the law with intent to cause injury to any person.
- Wearing Garb or carrying token used by public servant with fraudulent intents.
Bribery in relation to elections.
- False statement in connection with elections.
- Refusing oath when duly required to take oath by a public servant.
- Obstructing public Servant in discharge of his public functions.
Giving or fabricating false evidence in a judicial proceeding.
Selling any food or drink as food and drink, knowing the same to be noxious.
Causing a disturbance to an assembly engaged in religious worship.
Offence Covered Under Non-Bailable category
A non-bailable offence is one in which the grant of Bail is not a matter of right. Here the Accused will have to apply to the court, and it will be the discretion of the court to grant Bail or not.
The court may generally refuse the Bail, if:
“Bail Bond” has not been duly executed, or if the offence committed is one, which imposes punishment of death or Life imprisonment, such as “Murder ” or “Rape” or the accused has attempted to abscond, and his credentials are doubtful.
The application for bail shall be filed before the Magistrate, who is conducting the trial. The application after being filed is usually listed on the next day. On such day, the application will be heard, and the police shall also present the accused in court. The magistrate may pass such orders, as he thinks fit.
EXAMPLES OF NON-BAILABLE OFFENCE
- Murder (S.302) IPC
- Dowry Death (S.304-B) IPC
- Attempt to murder (S.307) IPC
- Voluntary causing grievous hurt. (S.326) IPC
- Kidnapping (S. 363) IPC
- Rape (S. 376) etc.
CALL 975-207-7788 FOR BAIL ADVOCATE IN BHOPAL
R-52, 1st Floor, Gulab Vila
Zone-1, M.P. Nagar, Behind Shree Vatika Hotel
Bhopal – 462003 (Madhya Pradesh)
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