Yes, a magistrate can grant bail in a case triable by a Sessions Court, but with certain limitations. Specifically, a magistrate can grant bail if the offense is not punishable by death or life imprisonment, and there are no reasonable grounds for believing the accused is guilty.
Posted on Jun 12, 2025
n economic and white-collar crime cases, bail is often treated differently than in traditional criminal cases. Courts are more cautious and may impose stricter conditions or deny bail altogether due to the gravity of the offenses and the potential for harm to the economy and public interest. These offenses are often seen as "a class apart" requiring a more cautious approach to bail applications.
Posted on Jun 12, 2025
Yes, parity can be a valid ground for granting bail to a co-accused, particularly when a similarly placed co-accused has already been granted bail. However, parity cannot be the sole basis for bail, and the court must consider other relevant factors like the accused's role in the crime and the circumstances of the case
Posted on Jun 12, 2025
Delay in a trial can significantly impact bail applications, potentially leading to their grant even if the offense is serious. The courts increasingly recognize that prolonged detention due to trial delays infringes upon the accused's fundamental right to liberty.
Posted on Jun 12, 2025
Yes, courts can impose travel restrictions, including international travel restrictions, while granting bail. This is a common condition to ensure the accused does not abscond or evade justice. Travel restrictions may involve surrendering passports, restricting travel outside a specific area, or requiring prior court permission for international travel.
Posted on Jun 12, 2025
Yes, a person on bail can apply to the court that granted bail (or a higher court) to modify the bail conditions. Section 439(1)(b) of the Code of Criminal Procedure (Cr.P.C.) allows for this modification. This provision empowers courts to modify or delete conditions imposed during the release on bail.
Posted on Jun 12, 2025
In bail hearings, the public prosecutor's role is to argue against the release of the accused, presenting evidence and arguments to the court that the accused poses a risk of flight, tampering with evidence, or threatening witnesses if released on bail. They represent the state's interests in ensuring the accused's appearance in court and the proper administration of justice.
Posted on Jun 12, 2025
Bail in NDPS cases is difficult but not impossible. The accused must prove that they are not guilty and are unlikely to commit another offense while out on bail. The severity of the offense and the quantity of drugs involved play a crucial role in bail considerations.
Posted on Jun 12, 2025
In the context of bail, a personal bond is a written promise by the accused, guaranteeing their appearance in court and compliance with bail conditions. A surety bond, on the other hand, involves a third party, the surety, who guarantees the accused's appearance and compliance, often with a financial guarantee (like collateral)
Posted on Jun 12, 2025
Yes, bail can be granted even for non-bailable offences in certain circumstances. While not a right, as in bailable offences, the court has discretion to grant bail in non-bailable cases, but only after considering various factors and ensuring certain conditions are met, such as the accused not being a danger to society or likely to abscond.