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What is bail?
What is bail. The Supreme Court on Friday refused to cancel the bail granted by the Hyderabad High Court to Telangana TDP MLA A Revanth Reddy, the prime accused in the `Cash-for-Vote\' case.
The Supreme Court on Friday refused to cancel the bail granted by the Hyderabad High Court to Telangana TDP MLA A Revanth Reddy, the prime accused in the `Cash-for-Vote' case. Telangana’s nominated MLA Elvis Stephenson had lodged a complaint with the ACB alleging that he was offered Rs 5 crore by the TDP MLA to vote in favour of a Telugu Desam MLC nominee in Telangana Legislative Council polls held on June 1.
Let us know what a bail is. Bail means an order of release of a person from prison and forms an integral part of our criminal justice system which assumes that every man is innocent until proven guilty. Bail is granted during the pendency of the trial or an appeal. Before bail is granted to the accused, a surety gives a guarantee to the Court that the accused will appear in the Court as and when required.
Moreover, a sum of money is to be deposited to ensure his appearance before the Court, which otherwise stands forfeit. In bailable offences, it is a right of the accused to be released on bail. But in cognizable or non-bailable offences, the accused can be refused bail if the competent authority deems it fit. Unless exceptional circumstances are brought to the notice of the Court which may defeat proper investigation and a fair trial, the Court will not decline to grant bail to a person.
If it is a cognizable offence and the accused had been previously convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more, or he had been previously convicted on two or more occasions of a non-bailable offence then the person will not be released on bail. In non-bailable offences, it is not the right but the discretion of the Court to grant or refuse the bail.
There is also a provision for anticipatory bail under Section 438 of the Criminal Procedure Code. This provision allows a person to seek bail in anticipation of an arrest on accusation of having committed a non-bailable offence. On filing anticipatory bail, the opposing party is notified about the bail application and the opposition can then contest the bail application in court (public prosecutor can also be used to do this).
