• UGI USER
  • Jul 13, 2024
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SUPREME COURT LIMITS HIGH COURTS’ AUTHORITY TO STAY BAIL

Why in the news?

  • The Supreme Court criticised the frequent use of bail stays by higher courts, emphasising the threat to personal liberty and due process.
  • Justice A.S. Oka and Justice Ujjal Bhuyan highlighted the shocking trend of staying reasoned bail orders from trial courts.
Source:medium

About Bail:

  • Origin: Old French verb ‘bailer’ meaning ‘to give’ or ‘to deliver’.
  • Definition: Provisional release of an accused in a criminal case before judgement.
  • Security: Deposit to ensure the accused’s release.

India’s Law on Bail:

  • The CrPC does not define “bail” but classifies offences as bailable or non-bailable.
  • Magistrates can grant bail for bailable offences by right.
  • For non-bailable offences, magistrates determine bail eligibility.
  • Section 436: Bailable offence bail
  • Section 437: Non-bailable offence bail discretion.
Types of Bail in India

  • Regular Bail: Granted to arrested individuals; under sections 437 and 439 of CrPC.
  • Interim Bail: Short-term bail before regular or anticipatory bail hearings.
  • Anticipatory Bail: Under section 438 of CrPC for those fearing arrest.

Conditions for Bail:

  • Bailable Offences: No belief of guilt, further enquiry needed, not punishable by death, life imprisonment, or 10+ years.
  • Non-Bailable Offences: Accused is a woman/child, lack of evidence, delay in FIR, grave illness.

Key Facts about Crpc:

  • The Code of Criminal Procedure, or CrPC, governs procedural aspects of criminal law in India.
  • Enacted: in 1973, it came into force on April 1, 1974.

Associated Article:

https://universalinstitutions.com/the-battle-over-judicial-autonomy-and-executive-overreach/