Can I Get A Bail In One Day ?

In India, bail could be referred to as a legal mechanism related to an accused’s right to freedom as well as ensuring his or her appearance in the Court for trial. Criminal offence in India, can be categorised into bailable or non-bailable crime.

The provisions and regulations related to bail are provided from Section 436 to 450 under the Criminal Procedure Code, 1973. Section 436 of the Code provides that a person who is accused of a bailable offence has a right to be released on bail while the legal proceedings are going on.

Non-bailable offences, which have been provided under Section 437 of the Code, for these offences, bail will be granted at the sole discretion of the Court, on the basis of the conditions which have been mentioned under this section.

The Types of Bails

Regular Bail

• It is the legal procedure by which a court would order the release of a person who has been  held as an accused for committing an offence, on a condition that he or she shall not obstruct the course of justice. 
• Regular bails are issued by simply executing a bond with sureties. 
• After a person will have the right to be released as provided under Section 436 of the Code of Criminal Procedure (CrPC), in case he or she has been arrested for a bailable offence.
• For a non-bailable offence, on the other hand, bail could be allowed only on the  discretion of the court. For a non-bailable offence, bail could be granted on specific grounds, which are:
  • If the accused is below or is 16 years of age, or
  • If the accused is a woman, or
  • In case the accused is ill, or
  • For habitual offenders, bail would only be granted under special circumstances

Anticipatory Bail

• One may apply for bail even before the actual arrest, and when anticipatory bail is granted by the court, it shall prevent the police from arresting such individuals. 
• An anticipatory bail could be applied for under Section 438 of the CrPC, in a situation a person has the belief that he or she will be charged for a non-bailable offence.
• One would have to apply for anticipatory bail in the High Court or Sessions Court under whose jurisdiction, such alleged crime took place
• An anticipatory bail would be allowed only if:
  • Reasonable Apprehension: There is reasonable belief or fear of the accused being arrested.
  • Bailable Offence: The offence for which the applicant is being arrested must be bailable.
  • Pre-Arrest Application:  one would have to apply for anticipatory bail before the arrest takes place, after the arrest , the accused will have to apply for regular bail only.
  • Not a Habitual Offender: The applicant must not be a habitual offender.
  • No Departure from the Country:The accused must not leave the country without  permission from the court, after the bail application is allowed.

Interim Bail

• An interim bail is kind of a temporary bail, granted when the application for an anticipatory or regular bail is pending.
• Interim bail is conditional and can be extended, however its expiry, the accused could be retaken into custody. 
• Interim bail serves as an interim measure till  final decision is given on the bail application.

Default Bail

• Provided under the Section 167 of the CrPC, a person after the arrest,  must be presented before the magistrate within a period of 24 hours of such arrest, the detention could be extended for a maximum period of 15 days by the Court.
• However, if the investigating agency or the police is not able to file chargesheet or complaint within the period so provided for investigation, the accused is entitled to a default bail, which is an absolute right and not at court’s discretion. 

Medical Bail

• A Medical Bail is granted on medical grounds. 
• It is allowed in cases where the health condition of a person demands immediate medical attention or some specialised treatment. 
• In such cases primary focus is on the medical needs of the individual only, thus ensuring their well-being.

If bail could be granted on the same day?

It is on the discretion of the learned Sessions Judge, on the basis of the facts and circumstance, if the bail application is granted on the same day or not, as well it is also on the discretion of the Court  to grant interim bail on the same day while the final decision on the bail application is still pending.

Conclusion

To conclude, bail is an essential aspect of the criminal justice system, which ensures the individuals with opportunity to ensure their freedom from custody during the course of legal proceedings.

Bail is granted on the basis of various factors, including the presumption of innocence of the accused,  inquiry of the matter as well as the severity of the crime committed. Bail is a matter of  judicial discretion, hence it is important to seek legal advice from an experienced advocate at the earliest. 

Lead India offers you a team of experienced advocates who have been successfully handling cases related to criminal offences including matters involving bail applications. Thus, if you wish to talk to a lawyer or seek free legal advice online, you may contact us.