Regular bail In Chandigarh
Regular Bail is term of release from custody of a person alleged/charged with an offence, on some condition by the court as per the law. In other words, regular bail allow the person or alleged accuse to leave the jail and live the life peacefully during the pendency of the trail of the case. A person on bail who fails to comply with their bail conditions can be arrested. It is an offence not to appear when required to do so. In our legal system offence is divided into two types 1. Cognizable offence and 2. Non- cognizable offence and from the view of bail it’s also divided into two types 1.Bailable offence and 2. Non- Bailable offence.
1. What is bailable offence –
In bailable offence, bail is matter of right. If a person is trail by the court in bailable offence, court must release the person on bail after furnishing the bail bond and if person fails to furnish bail bond then release him on his personal surety.
2. What is non-bailable offence –
In Non-bailable offence, bail is not matter of right. In non-bailable offence, granting the bail is depending on the discretion of the court and nature of the offence.
When a person may apply the regular bail-
After the arrest, a person can move the application for the bail at any time. For example immediately after arrest, after one week, after one month and at any stage of the trail. Most of the stage of applying of the bail is depending on gravity of the crime for example a person arrested in theft case, then he can immediately apply for a regular bail because in that of case person has chances to gain the bail same time and if a person is arrested in rape case, murder case, kidnapping case, extortion case then no required to apply the immediate bail, because chance of bail is almost zero.
Where a person may apply the regular bail-
1. Before the Magistrate-
If the offence is tribal by the Magistrate (judicial magistrate Ist class), apply before the same court where the trial going on and after the dismissal of the bail application, person can move the application before the Session Court. After that High Court and last before the Supreme Court of India.
2. Before the Session court-
If the offence is tribal by the Session court, apply before the same court where is trail going on and after the dismissal of the bail application, person move the application before the High Court and after that Before The Supreme Court Of India.
What a Court seen at the time of granting the bail-
After the arrest of the person, if court grant the bail then some factors which are to be borne in mind while considering an application for bail are:
i) Whether there is any prima facie or reasonable ground to be believed that the accused had committed the offence;
ii) Nature and gravity of the accusation;
iii) Severity of the punishment in the event of conviction;
iv) Danger of the accused absconding or fleeing, if released on bail;
v) Character, behavior, means, position and standing of the accused;
vi) Likelihood of the offence being repeated;
vii) Reasonable apprehension of the witnesses being influenced;
viii) Danger, of course, of justice being thwarted by grant of bail.
Yes, every case has different story. Some case may be genuine and some case may be false. But every cases is treated by the law with a same eyes till the alleged accused not prove the innocent himself.
Advocateinchandigarh.com has experience to deal with the lots of bail cases regular bail as well as anticipatory bail and gave the best result to their clients. Advocateinchandigarh.com is a unit of advocates who are practicing in the Hon’ble High court Chandigarh from the last many years including the some Designated Senior Advocates.