DEFAULT BAIL
CONTEXT
- Recently, the National Investigation Agency (NIA) has filed an appeal against the Bombay High Court order, which granted statutory bail to lawyer-activist Sudha Bharadwaj.
BAIL AND ITS TYPE
- Bail – Bail denotes provisional release of accused in Criminal Case in which court the trial is pending and the Court is yet to announce judgement. There are 3 types of bail Regular, Interim and Anticipatory.
- Interim bail – Interim bail is granted for a short period of time and it is granted before the hearing for the grant of regular or anticipatory bail.
- Anticipatory Bail – If any person has reason to believe that he/she may be arrested for non-bailable offence, he/she may apply to Sessions court or High court for anticipatory bail praying that in the event of arrest, he/she shall be released on bail. (Section 438 Cr.PC).
- At the time of granting anticipatory bail the Court imposes certain terms and conditions which if are flouted, the Court may cancel such anticipatory bail. Secondly on receiving an application either by a complainant or the prosecution the anticipatory bail may be cancelled if the court find it necessary.
- Regular Bail: It is a direction given by the Court (any Court within the country) to release a person who is already under arrest and kept in police custody. For such Bail, a person can file an application under Section 437 and 439 of the CrPC.
UPSC PRE 2021
With reference to India, consider the following statements:
- When a prisoner makes out a sufficient case, parole cannot be denied to such prisoner because it becomes a matter of his/her right.
- State Governments have their own Prisoners Release on Parole Rules.
Which of the statements given above is/are correct?
A) 1 Only
b) 2 Only
c) Both 1 and 2
d) Neither 1 nor 2