Seeking Bail

in a barbaric society you can hardly ask for bail; in a civilised society you can hardly refuse it. in other words, the bail is a rule and refusal is an exception. the provisions of bail are contained in chapter xxxiii of the code of criminal procedure. offences are divided into two categories — bailable and non-bailable. so far as bailable offences are concerned, the grant of bail is a matter of right.it may be granted either by the police officer in charge of a police station having the accused in his custody or by the law court. the release may be ordered on the accused executing a bond and even without sureties. notwithstanding this rule, the court is empowered under section 436 (2) of the cr.pc to refuse bail to an accused person even if the offence is bailable, where the person given bail fails to comply with the conditions of the bail bond. such refusal will not affect the powers of the court to forfeit the bond and recover penalty from the surety under section 446 of the code. in non-bailable cases, the accused may be released on bail; but no bail can be granted where the accused person appears on reasonable grounds to be guilty of an offence charged is punishable with death or imprisonment for life. similarly, the rigidity of this rule may be departed from if the court is of the view that it is just and proper to release the accused person on bail for any special reason. in other words, even after a person is charged with a non-bailable offence, but it appears during the course of trial that he is not guilty of such offence, he can be immediately released on bail pending further trial. special powers have been given under section 429 of the cr.pc to the high court and the sessions court to release an accused person on bail, but that discretion has to be exercised judicially. in cases where a person is accused of an offence punishable with life imprisonment, the high court or the sessions court, before granting bail to the accused, has to give notice of the application for bail to the public prosecutor. that would be necessary unless for reasons to be recorded in writing, the court finds it to be not practicable to give such notice. where the offence is non-bailable, the court has to decide the question of grant of bail in the light of such considerations as the nature and seriousness of the offence, character of the evidence, circumstances which are peculiar to the accused, a reasonable possibility of presence of the accused not being secured during the trial, reasonable apprehension of evidence including the witness being tampered with, the larger interest of public or the state and other similar considerations. while considering the question of bail, it must be remembered that the bail pertains to the law of procedure. it should not be used to punish an accused person because the purpose of the bail is merely to secure his presence during the trial. the test is to be applied with reference to the following considerations amongst others: the nature of the accusation; the nature of the evidence in support of the accusation; the severity of the punishment which conviction will entail; the character of the sureties and the character and the behaviour of the accused. the trial court and the high court are equally empowered to cancel the bail of an accused person, if sufficient grounds are made out for such cancellation. there is a provision of anticipatory bail under section 438 of the cr. p.c. against non-bailable offences. the difference between ordinary bail and anticipatory bail is that whereas the former is granted after arrest, the latter is given in anticipation of arrest. the power to grant this bail rests only in high court and sessions court. the person seeking it must satisfy the court of genuine apprehension of his arrest. while granting bail, the court may also impose such conditions and give directions as it deems fit. once granted bail, the accused cannot be arrested till he exhausts his right to appeal in the matter. this provision provides an effective check against the abuse and arbitrary power of arrest.