Right to Life and Personal Liberty and Bail under Indian Constitution
Right to life and personal liberty is one of the basic fundamental rights as envisaged in Article 21 of the Indian Constitution. Right to fair trial is one of the fundamental rights that is guaranteed under Article 21 of the Indian Constitution. Fair trial also envisages that a person is presumed to be innocent until proven guilty. So, bail helps in securing such freedom until an accused is proved guilty.
Bail, as defined under Bharatiya Nagarika Suraksha Sanhita, 2023 (hereinafter mentioned as BNSS) under section 2(1) of BNSS, refers to the release of an accused person who is suspected of the commission of an offence from the custody of law upon certain conditions imposed by an officer or court on execution by such person of bond or bail bond.
TYPES OF BAIL
Anticipatory Bail:
As the name suggests, anticipatory bail is granted in anticipation or apprehension of an impending arrest for the commission of a non-bailable offense. According to Section 482 of the BNSS, if a person believes that he may be arrested for any non-bailable offense, he may apply to the High Court or the Sessions Court to seek a direction for his release on bail in the event of his arrest. Anticipatory bail is a crucial tool for protecting individuals from potential harassment or false accusations. But there are certain exceptions when the court cannot grant anticipatory bail, such as if the person has committed the rape of a woman under 16 years of age or gang rape of a woman under 18 years of age. There are various other exceptions under which a court may reject an application for anticipatory bail. The Supreme Court, in the case of Sushila Aggarwal Vs. State of NCT of Delhi and others, has upheld that anticipatory bail, once granted, remains in effect until the very end of the trial. It can only be revoked if any condition or term on which it was granted is violated.
Regular Bail:
The most common type of bail is regular bail, which is applied when a person has been arrested and is already in police custody. Offenses for the purpose of regular bail are classified into bailable and non-bailable offenses.
Bailable offenses are defined in Section 2(c) of BNSS. These offenses allow bail as a matter of right under Section 478 of BNSS. It is a statutory right, and the police officer has the legal duty to grant it if requested.
Non-bailable offenses are those where bail cannot be granted as a matter of right, but it is purely a discretionary power that the court can exercise. In the case of Hussainara Khatun Vs. State of Bihar (1979), the Supreme Court reemphasized the right of speedy trial and release.
Interim Bail:
There is no specific provision in the BNSS for interim bail, but it is an outcome of judicial pronouncements. It provides temporary relief to the individual when their application for anticipatory or regular bail is pending. It is a short-term relief or a stop-gap arrangement where a person needs immediate relief or has specified personal contingencies that might cause excessive hardship if bail is denied for a longer duration. A lawyer’s proactive approach can serve earlier release. In the case of Pehla Singh Vs. NCT Delhi (2001), the SC granted interim bail to prevent tarnishing of the reputation of the accused.
Default Bail (Statutory Bail):
It is an absolute right and not a mere discretion. The BNSS provides a specific time frame within which the chargesheet has to be filed by the police in a case under Section 187(3). If the police fail to file the chargesheet within the time frame, the accused gets the right to be released on bail. Section 187(3) of the BNSS states that if the investigation is not completed within 90 days (if the offense is punishable with death or life imprisonment, or 10 years or more), or 60 days for any other offense, and the accused person has been in police custody for the mentioned time period, then the accused shall be released on bail.
ROLE OF A BAIL LAWYERS IN THANE WHILE SECURING BAIL
A lawyer acts as an intermediary between the accused person and the court. There have been a plethora of cases where undertrial prisoners have been languishing in jails because they didn’t have access to legal assistance. A lawyer’s proactive approach can help in securing bail even in cases of non-bailable offenses.
Filing bail applications: A lawyer understands the complexities of the bail application, and it is through their experience that they can apply for prompt bail while having all the legal paperwork in place.
Securing rights of the accused: A lawyer proactively secures the rights of an accused by securing a fair trial, specifically in cases where a chargesheet has not been filed under Section 187(3). A lawyer’s proactive approach can help secure bail.
Bail terms: A lawyer acts as a negotiator if the bail conditions are too stringent or even applies for a reduction hearing if the bail amount is too high.
Rejection of bail: A skilled lawyer with strong argumentative skills can challenge the decision rejecting a bail application by appealing to higher authorities.
We, as bail lawyers in Thane, effectively bridge the gap between the court and the accused, by securing them a fair trial and early release from jail. Our expertise will help you in making the complex paperwork easier and reachable.
