Provisions as to Bail & Bond

 

Section 478. When Bail Should Be Taken

1. General Rule for Bail

• Bail for Persons Accused of Non-Bailable Offences:
  • If a person (other than someone accused of a non-bailable offence) is arrested or detained by a police officer or appears before a court and is willing to give bail at any point during their detention, they should be granted bail.

2. Indigent Persons (Unable to Pay Bail)

• Release Without Bail Bond:

  • If the person is poor and cannot provide surety for the bail, the police officer or court may choose to release them on a bond instead of requiring a bail bond. A bond is a promise to appear in court at the next required time.

• Presumption of Indigency:

  • If the person cannot provide the bail bond within one week of their arrest, the officer or court may assume that they are unable to pay and therefore consider them indigent for the purpose of releasing them on a bond.

3. Failure to Follow Bail Conditions

• Failure to Appear:

  • If a person who was released on bail does not follow the conditions of their bond, such as failing to appear at the designated time and place, the court may refuse to release them on bail in the future when they appear again in court or are brought into custody.

• Penalty for Violation:

• If the person violates the terms of their bond, the court can require them to pay a penalty, as outlined in section 491.

Section 479. Maximum Period for Which Under-Trial Prisoner Can Be Detained

1. Release After Certain Detention Period

• General Rule for Detention:

  • If a person has been detained during the investigation, inquiry, or trial of an offence (not one punishable by death or life imprisonment) for up to half of the maximum possible prison time for that offence, they must be released on bail.

• First-Time Offenders:

  • If the person is a first-time offender (never convicted before), they must be released on a bond if they have been detained for up to one-third of the maximum possible prison time for the offence.

2. Extension of Detention

• Court May Extend Detention:

  • The court can choose to continue the detention beyond the halfway point of the maximum detention period after hearing from the Public Prosecutor. The court must record its reasons in writing for continuing detention or offering a bail bond instead of a full bail bond.

• Maximum Detention Limit:

  • In any case, a person cannot be detained during the investigation, inquiry, or trial for longer than the maximum imprisonment time specified for the offence under the law.

3. Excluding Delay Caused by the Accused

• Exclusion of Delay:
  • If the delay in the trial or investigation is due to the actions of the accused (such as requesting adjournments), this period of delay will not count toward the detention period when calculating whether the person can be granted bail.

4. Multiple Cases Against the Person

• No Bail for Multiple Offences:
  • If the person has multiple cases or offences pending against them, they will not be released on bail by the court, even if the conditions for bail are met for one offence.

5. Jail Superintendent’s Responsibility

• Application for Bail:
• When a person has completed half or one-third of the detention period (depending on their case), the Superintendent of the jail must immediately apply in writing to the court for the person’s release on bail.

Section 480. When Bail May Be Taken in Case of Non-Bailable Offence

1. Bail for Non-Bailable Offences

• Conditions for Bail:

  • A person accused of or suspected of committing a non-bailable offence can be released on bail, except under the following conditions:
    • Serious Crimes:
      • If there are reasonable grounds to believe that the offence could result in death or life imprisonment, the person will not be granted bail.
    • Repeat Offenders:
      • If the offence is a cognizable crime and the person has previously been convicted of:
        • An offence punishable by death, life imprisonment, or imprisonment for seven years or more.
        • Or has been convicted twice or more for a cognizable offence punishable by three to seven years of imprisonment.

• Exceptions for Certain People:

  • The Court may grant bail even in the above situations if:
    • The person is a child, woman, or is sick or infirm.
    • If the Court believes it's fair and just, for special reasons.
    • Simply being needed for identification or police custody beyond 15 days isn’t enough to deny bail if the person is otherwise eligible and agrees to the conditions.

• Opportunity for Public Prosecutor to Be Heard:

  • In cases where the offence is punishable with death, life imprisonment, or more than seven years of imprisonment, the Court must hear the Public Prosecutor before granting bail.

2. Release Pending Inquiry

• Release When No Reasonable Grounds for Non-Bailable Offence:
  • If during the investigation or trial, it is found that there are no reasonable grounds to believe the accused committed a non-bailable offence, but there are enough grounds to continue the inquiry, the person may be released on bail, or on a bond for their appearance at the next stage.

3. Conditions for Release on Bail

• Conditions Imposed by the Court:
  • If a person accused of a serious offence (punishable by 7 years or more) is released on bail, the Court may impose the following conditions:
    • Attendance: The person must attend the proceedings according to the bond conditions.
    • No Reoffending: The person must not commit any similar offence.
    • Non-Tampering with Evidence: The person must not influence, threaten, or induce anyone related to the case to hide or alter evidence.
    • Other Conditions: The Court may impose other conditions it deems necessary for justice.

4. Recording Reasons for Granting Bail

• Written Reasons for Bail:
  • The officer or Court granting bail must record the reasons for doing so, especially if the decision is based on special circumstances.

5. Re-Arrest After Bail

• Re-arrest for Bail Violation:
  • If necessary, the Court or officer that granted bail may later direct the person to be arrested and committed to custody.

6. Time Limit for Bail in Magistrate Trials

• Bail After 60 Days in Magistrate Trial:
  • If the trial of a person accused of a non-bailable offence before a Magistrate is not completed within 60 days from the first evidence hearing, and the person has been in custody throughout, they must be released on bail, unless the Magistrate gives a reason in writing for not granting bail.

7. Bail After Trial Completion (Before Judgment)

• Release After Trial Completion:
  • If, after the trial but before the judgment is delivered, the Court believes there are reasonable grounds to think the accused is not guilty, the Court shall release them on a bond for their appearance at the judgment delivery.