When a person who is alleged to be an accused in crime and has not been proven that he is guilty but is undergoing trial, can get bail. It is known that a person is said to be innocent until it is established that he is guilty of the crime committed. So, while the person is under trial, bail can be availed.
There are different bails but frequently, regular bail and anticipatory bail are more familiar but there is another bail known as default bail. So how is regular bail, anticipatory bail and default bail different from each other?
Regular bail is given after a person is arrested and so the person permitted to go from police custody. An application for bail as per Section 437 as well as Section 439 of the Code of Criminal Procedure,1973, can be filed. When a person who is alleged to have committed a bailable offence under the Indian Penal Code can be released on bail. But when the person alleged to have committed a non-bailable offence, then it is up to the court or discretion of the court to give bail. In cases of non-bailable offences, bail may be granted when the accused is a female, no or inadequate proof available or deteriorating health of the accused. The court can even cancel the bail too under Section 437(5) and Section 439(2), Cr.P.C.
When an arrest by police is expected, anticipatory bail is given. So, when the police come to arrest in case of a non-bailable offence, anticipatory bail permits the person to be released on bail. This bail is given under Section 438, Cr.P.C, 1973. It is given either by a Sessions Court or by a High Court. To grant bail, there is no fixed formula. It varies with each case and also no two cases can be exact.
During the investigation of a crime, a Judicial Magistrate can permit the accused to be in custody for an upper-limit period of 90 days in case of offences that are punishable for 10 years or more while in cases of offences that are punishable for less than 10 years, the upper-limit period is 60 days, as given under Section 167(2), Code of Criminal Procedure, 1973. Even after this period, the investigation is still incomplete or not over then the accused can no longer be kept in custody by the Magistrate and has to be given bail. This bail that is given when the investigation is not yet over, is called Default Bail. Usually, bail is given according to various reasons or grounds. But, in terms of default bail, bail is given when the investigation has not yet reached its completion. But to avail default bail, an application has to be filed before the court for the same. For further details regarding this matter, please get in touch with Lawyers in India.
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