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Section 483 - 490 Bail Provision

 

Section 483: Special Powers of High Court or Court of Session Regarding Bail

Subsection (1): Powers to Direct Bail

  • Clause (a): High Court or Court of Session can direct the release of an accused on bail.

    • If the offence is as per sub-section (3) of section 480, the court may impose necessary conditions.

  • Clause (b): High Court or Court of Session can set aside or modify conditions imposed by a Magistrate.

Provisions for Notice:

  • First Proviso: Before granting bail for offences triable exclusively by the Court of Session or punishable with life imprisonment, notice must be given to the Public Prosecutor unless impracticable (reasons to be recorded in writing).

  • Second Proviso: For offences under section 65 or sub-section (2) of section 70 of the Bharatiya Nyaya Sanhita, 2023, notice must be given to the Public Prosecutor within 15 days of receiving the bail application.

Subsection (2): Presence of Informant

  • The informant or an authorized person must be present during the hearing of bail applications under section 65 or sub-section (2) of section 70 of the Bharatiya Nyaya Sanhita, 2023.

Subsection (3): Arrest After Bail

  • The High Court or Court of Session may direct the arrest of any person released on bail and commit them to custody.

Section 484: Amount of Bond and Reduction Thereof

Subsection (1): Fixing Bond Amount

  • The bond amount should be reasonable and not excessive, considering the case circumstances.

Subsection (2): Reduction of Bail Amount

  • The High Court or Court of Session may direct the reduction of the bail amount set by a police officer or Magistrate.

Section 485: Bond of Accused and Sureties

Subsection (1): Execution of Bond

  • A bond for a sufficient sum must be executed by the accused and, if applicable, one or more sureties.

  • The bond ensures the accused attends court as directed.

Subsection (2): Conditions in the Bond

  • Any conditions imposed for bail must be explicitly mentioned in the bond.

Subsection (3): Appearance in Court

  • The bond may also require the accused to appear in the High Court, Court of Session, or other relevant courts when summoned.

Subsection (4): Verification of Sureties

  • The court can accept affidavits to verify the sufficiency of sureties.

  • If necessary, an inquiry can be conducted by the court or a subordinate Magistrate.

Section 486: Declaration by Sureties

  • Sureties must declare the number of persons they have stood surety for, including the accused.

  • All relevant details must be provided to the court.

Section 487: Discharge from Custody

Subsection (1): Release Upon Execution of Bond

  • Once the bond is executed, the accused must be released from custody.

  • If in jail, the court issues a release order to the jail officer.

Subsection (2): Exception

  • This section does not require the release of individuals detained for matters unrelated to the bond or bail bond.

Section 488: Power to Order Sufficient Bail When First Taken Is Insufficient

  • If insufficient sureties are accepted due to mistake, fraud, etc., the court can:

    • Issue an arrest warrant for the accused.

    • Direct the accused to provide sufficient sureties.

    • If not provided, the accused may be committed to jail.

Section 489: Discharge of Sureties

Subsection (1): Application for Discharge

  • Sureties can apply to a Magistrate to be discharged from the bond, wholly or partially.

Subsection (2): Issuance of Arrest Warrant

  • The Magistrate issues a warrant to bring the accused before the court.

Subsection (3): Discharge and Replacement of Sureties

  • Upon appearance or voluntary surrender, the Magistrate may discharge the bond for the applicants.

  • The accused must find other sufficient sureties.

  • Failure to do so may result in commitment to jail.

Section 490: Deposit Instead of Recognizance

  • Instead of executing a bond, the court or officer may allow a person to deposit a sum of money or Government promissory notes.

  • This applies except for bonds related to good behavior.

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