‘The issue of bail is one of liberty, justice, public safety and burden of the public treasury, all of which insist that a developed jurisprudence of bail is integral to a socially sensitized judicial process’. – Justice V.R. Krishna Iyer Bail denotes provisional release of accused in Criminal Case during which court the trial is pending and therefore the Court is yet to announce judgment. The primary objective of arrest is to make sure that the accused during a criminal case appears before the court for the conveyance of justice. However, if the person’s presence is often guaranteed for the court trial without putting the person in jail, it might unfair and unjust to violate a person’s liberty. Thus, the bail is often granted as conditional liberty to the accused.
Regular Bail:
A daily bail is often granted to an individual who has already been arrested and kept in police custody. SECTION437,439 of the Cr. P.C gives the accused the proper to be released from such custody. So, a daily bail is essentially the discharge of an accused from custody to make sure his presence at the trial. Stages of Filing a Bail Application Bail is often filed during a criminal proceeding at different stages – First, it is often granted after the arrest; Second, it is often granted to an individual who has been an undertrial prisoner for committing a non-bailable offense and; Third, a bail application also can be filed by an individual, who was convicted by the court and preferred an appeal against conviction.
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