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grant of bail means to set at liberty a person arrested or imprisoned, on security being taken for his appearance.
bail is immunity from custody and not immunity from arrest, bail only comes after arrest.
bail is rule, jail is the exception
innocent until proven guilty
individual interests v. societal interests
individual interest - accused is innocent until proven guilty and his right to life and personal liberty must be protected, arrest may be detrimental to the mind, body and reputation of the accused person.
Societal interest - whoever is the accused should be punished to imply whatever has been stated in the law books. possibility of tampering of evidence, absconding, committing of a further offence in case a heinous offence has been committed, manipulating witnesses. can be considered as a possible threat to the society at large and witnesses in particular.
definitions-
bail - entire process of releasing the accused
bond - legally enforceable document or promise, as and when required the accused will appear before the judicial magistrate or the police]
security - amount that will be forfeited in case of default of bail conditions
surety - person who would be liable to pay the security amount in case of default by the accused
two types of bail - regular and anticipatory bail
436 - regular bail in bailable offences
437 and 439 - regular bail in non bailable offences
438 - anticipatory bail
439 - cancellation of bail, 439(2) refers to cancellation of bail in bail provided under 436(1) and 437(1)(2) and 438
Section 436 -
relates to bail in bailable offences, provides bail to everyone accused of an offence other than a non-bailable offence
provides for bail as a matter of right
power to grant bail rests in the hands of the police officer at the station and the judicial magistrate
bail as a matter of right does not mean an exemption from arrest or signing the bail bond or furnishing securities
there is no discretion of the court in matters of bail under S. 436
an indigent person may be released on bail even without furnishing of securities or bonds
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