Does bail really mean releasing of accused? It’s a big no, it is just that the accused given from court custody to surety’s custody, he is not free rather he has to abide by the conditions of the bail bond and if he violates any one of them, he shall be taken back in custody of court from surety’s custody.
There are two types of offences: cognizable and non-cognizable and their sub-category is bailable and non-bailable. It is not necessary that every cognizable offence is nonbailable and vice versa, rather offence is identified as bailable or nonbailable, cognizable or non-cognizable via schedule I of CrPC.
Bail is granted or rejected on several grounds like nature of offense committed by the accused, past antecedents of the accused, whether he cooperates in the investigation or not, whether it is threatening to society if bail is granted to such accused due to the heinous character of offence, sole bread earner in the family, accused is pregnant female and many more depending upon the facts and circumstances of the case.
There is a difference between refusal of bail and cancellation of bail. Refusal of bail done on pre-arrest grounds like nature of offense, bad antecedents, chances of tempering of witness, or threatening of witness and cancellation done on post-arrest grounds like non-cooperation of accused in the investigation or actually threatening witness or tried to evade evidence.
REFUSAL OF BAIL– refusal of bail means bail have been rejected by the court and the accused remains in custody (Police or Judicial as the case may be) of the court.
CANCELLATION OF BAIL- Cancellation of bail means the accused had been released on bail but as he violated any of the bond conditions so his bail was cancelled by the court and now, he has to come back to custody.
UNDER WHAT PROVISION BAIL GRANTED AND CANCELLED–
- Bailable offense – bail granted for a bailable offence as a matter of right upon arrest, it is also called mandatory bail. Such bail granted under section 436 of CrPC by a Police officer or Magistrate and cancelled by the High Court or Court of Session under section 439 (2) CrPC
- Non-Bailable offence- Bail under non-bailable offence is not bail as a matter of right rather it is a discretion of the court whether to grant or not to grant bail, such bail granted by the Judicial Magistrate under section 437 CrPC and the High Court or Court of Session grant bail under section 439 CrPC.
Bail granted under section 437 shall be cancel under section 437 (5) itself and also under section 439 (2) CrPC
Bail granted under section 439 (1) shall be cancel under section 439 (2)
- Default Bail- default bail granted under section 167(2) due to the default of the Police officer for not filling charge sheet within a period as provided under section 167. And this bail also cancels under section 439 (2) CrPC
- Anticipatory Bail – Anticipatory bail is granted as per the provision of section 438 CrPC and this shall cancel under section 439 (2) CrPC by the High Court or Court of Session.
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