Regular Bail In Chandigarh – Advocate In Chandigarh
Regular Bail is a term of release from custody of a person alleged/charged with an offense, on some condition by the court as per the law. In other words, regular bail allows the person or alleged accused to leave the jail and live the life peacefully during the pendency of the trial of the case. A person on bail who fails to comply with their bail conditions can be arrested. It is an offense not to appear when required to do so. In our legal system offense is divided into two types 1. Cognizable offense and 2. Non- cognizable offense and from the view of bail it’s also divided into two types 1.Bailable offense and 2. Non- Bailable offense.
What is bailable offense –
In bailable offense, bail is a matter of right. If a person is under trial by the court in the bailable offense, the court must release the person on bail after furnishing the bail bond and if the person fails to furnish bail bond then release him on his personal surety.
What is non-bailable offense –
In Non-bailable offense, bail is not a matter of right. In non-bailable offense, granting the bail is depending on the discretion of the court and nature of the offense.
When a person may apply for the regular bail-
After the arrest, a person can move the application for the bail at any time. For example immediately after the arrest, after one week, after one month and at any stage of the trail. Most of the stage of applying the bail is depending on the 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 for the regular bail-
1. Before the Magistrate-
If the offense is under trial 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, the 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 offense is under trial by the Session court, apply before the same court where the trial is going on and after the dismissal of the bail application, a person moves the application before the High Court and after that Before the Supreme Court Of India.
What a Court see at the time of granting the bail-
After the arrest of the person, if the court grants the bail then some factors which are to be borne in mind while considering an application for bail are:
- Whether there is any prima facie or reasonable ground to be believed that the accused had committed the offense;
- Nature and gravity of the accusation;
- The severity of the punishment in the event of conviction;
- The danger of the accused absconding or fleeing, if released on bail;
- Character, behavior, means, position, and standing of the accused;
- Likelihood of the offense being repeated;
- Reasonable apprehension of the witnesses being influenced;
- Danger, of course, of justice being thwarted by grant of bail.
Yes, every case has a different story. Some case may be genuine and some case may be false. But every case is treated by the law with the same eye until the alleged accused not prove the innocent himself.
AdvocateinChandigarh has the experience to deal with the lots of bail cases regular bail as well as anticipatory bail and gave the best result to their clients. We are a unit of advocates who are practicing in the Hon’ble High court Chandigarh from the last many years including some designated Senior Advocates.