ABSTRACT
The attached document provides a comprehensive overview of the legal provisions and judicial interpretations related to bail and anticipatory bail in India. The key points are as follows:
This Chapter contains the classification of bailable and non-bailable offences. The chapter contains the detail explanation of non-bailable and bailable offence with recent judgements. Section 436 which talks about the right of bail in bailable offence, Section 437 explains the power to give bail in non-bailable offence. The provisions and the judicial practice have difference views regarding the bail.
Anticipatory bail is not a matter of right and should not be granted lightly, especially in serious crimes. The apprehension of arrest must be grounded in reality for anticipatory bail to be granted. Anticipatory bail differs from regular bail in that it is granted in advance of arrest. Courts consider various factors when deciding on anticipatory bail, such as the nature and seriousness of the alleged offense, the likelihood of the accused absconding or tampering with evidence, and the larger public interest.
The monetary bail system is criticized for favoring the wealthy over the poor. The Supreme Court has noted the inherent unfairness of this system, as it often determines who gets released based on financial status rather than the merits of the case. Suggestions for reform include adopting a comprehensive bail code, improving the administration of the criminal justice system, and fixing statutory limits for bail bonds and sureties.
Overall, the document highlights the need to strike a balance between protecting the rights of the accused and the interests of society, while ensuring the bail system is fair and equitable. The recommendations aim to bring more clarity, consistency, and fairness to the bail laws in India.