Supreme Court on Default Bail
The Supreme Court(SC) said that grant of default bail will not operate as an absolute bar to cancelling it once the charge sheet is filed and the same can be considered if a strong case is made out.
Hearing an appeal by the central probe agency challenging the High Court order, the SC said the HC judgment which held that default bail cannot be canceled on merits “will give a premium to the lethargy or dishonesty of investigating agencies”.
The court said mere non-filing of charge sheet will not be enough. A strong case has to be made out that the accused has committed non-bailable crime. And deserves to be in custody.
Section 167 of CrPC
a provision to release the accused person on bail if the investigation is not completed
within a period of 90 days. The offence should have imprisonment of more than 10 years. And where the investigation is not completed within a period of 60 days .
The time limit prescribed for completion of investigation varies in certain statutes wherein section 167 of CrPC is amended to that effect. For offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 time to submit report is 180 days.
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LEARNING FROM HOME/ WITHOUT CLASSES/BASICS
Bail, in law, means release from prison of a person awaiting trial or an appeal. He deposit security to ensure his submission at the required time to legal authority. The concept of bail is a necessary implication of Article 21 enshrined in the Constitution of India.
Chapter-XXXIII (Section 436 to 450) of the Criminal Procedure Code deals with various provisions as to bail.
Bail for Bailable offenses:
According to section 436 of CrPC, the offense alleged is bailable, then, the accused is entitled to Bail as a matter of right and not as a favor. Bailable offenses are presumably less heinous therefore the sentence for the same is less severe and the accused can claim release on bail as a matter of their right.
Section 436A deals with the ‘Maximum period for which an undertrial prisoner can be detained. In this case, when the accused, during the investigation, inquiry or trial has already undergone detention for more than half of the term of conviction. He must be granted bail unless the offense doesn’t amount to the punishment of death. It is also provided that in no case the under-trial be detained beyond the maximum period of imprisonment for which he can be convicted for the alleged offense.
Section 437, Criminal Procedure Code, deals with the powers of the trial court and of the Magistrate to whom the offender is produced by the police or the accused surrenders or appears, to grant or refuse bail to a person accused of, or suspected of the commission of any non-bailable offense.
Section 438 of Cr.P.C. deals with anticipatory bail, exclusively vested with the Court of Session and High Court.
Any person has a reason to believe that there is a chance to get him arrested on false or trump-up charges, or due to enmity with someone, or he fears that a false case is likely to be built up against him. He can apply under Section 438.
Mandatory bail
Section 167(2) of Cr.P.C. empowers judicial magistrates to detain the accused in police/judicial custody. And release him on bail on expiry of the statutory period. The period is 60 or 90 days of a total period of custody.
Legal provisions pertaining to the cancellation of bail contained in S.437 (5) and 439(2) Cr.P.C.
Section 437(5) states that a
Magistrate which has released a person on bail may if it considers it necessary direct that such person be re-arrested.
Section 439(2)
Empowers the High Court and the Sessions Court to direct re-arrest of the accused on bail .
UNDERTRIALS
Nearly 80 per cent of the prisoners in Indian jails are undertrials . Many undertrials later found not guilty are released eventually . There are over 6.1 lakh prisoners in our country and
around 1400 prisons. Most of these prisoners belong to the most vulnerable sections of our society. Such arbitrary denial, guaranteed under Article 21, of personal liberty is directly in contradiction to the principles of natural justice and due process of law.
The Doctrine of Due Process
Law prohibits the state from taking actions that shall deprive an individual from their rights to safety, liberty or life.
Procedure established by law:
It states that a law lawfully enacted is valid, even if it violates justice and equitable ideals.
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