Daily News Analysis ‘Types of Bail in India’ : 19 May

Why in News:

• The Supreme Court reaffirmed that “bail is the rule and jail is the exception” is a vital constitutional principle that applies even to stringent anti-terror legislations.

Key points

• Constitutional Foundation: The fundamental right to seek bail is intrinsically anchored in Article 21 of the Constitution of India, which guarantees the right to personal liberty, a speedy trial, and protection against arbitrary state detention.
• The Statutory Framework: The concept and procedural administration of bail are structurally governed under the Code of Criminal Procedure (CrPC), 1973 (succeeded by the Bharatiya Nagarik Suraksha Sanhita, 2023), which bifurcates offenses into bailable (where bail is a statutory right) and non-bailable (where bail is a judicial discretion).
• Regular Bail (Section 437/439 CrPC): This is a formal release order granted by a competent court to an individual who has already been arrested and is currently held in police or judicial custody.
• Anticipatory Bail (Section 438 CrPC): This is a protective direction issued by a High Court or a Court of Session directing that in the event of a future arrest, the applicant shall be released immediately; it is applied for before an formal arrest takes place when an individual apprehends false malicious accusation.
• Interim Bail: This refers to a temporary, short-term bail granted to an accused pending the final disposal of their regular or anticipatory bail application, ensuring personal liberty while the main plea is evaluated.
• Default Bail / Statutory Bail (Section 167(2) CrPC): This is an absolute, indefeasible right that automatically accrues to an undertrial if the investigating agency fails to file a formal chargesheet or final report within the prescribed statutory period (typically 60 or 90 days).