Taking Bail from Indian Court

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The historical background of the provision for bail has been elaborately and lucidly explained in a recent decision delivered in Nikesh Tarachand Shah v. Union of India going back to the days of the Magna Carta. In that decision, reference was made to Gurbaksh Singh Sibbia v. State of Punjab in which it is observed that it was held way back in Nagendra v. King-Emperor that bail is not to be withheld as a punishment. Reference was also made to Emperor v. Hutchinson wherein it was observed that grant of bail is the rule and refusal is the exception. The provision for bail is therefore age-old and the liberal interpretation to the provision for bail is almost a century old, going back to colonial days. [Dataram Singh Vs. State of Uttar Pradesh & ANR[ SC 2018 February]

ARREST, CUSTODY, BAIL AND REMAND IN INDIA

Role of Investigation Officer opposing a Bail motion by accused

Role of Prosecution in Bail Matter

Role of Defence Lawyer while perusing a Bail Application

Check List for a Judge hearing a Bail Matter 

OPPOSING BAIL : Important points for opposing bail in non-bailable offences are: 1.likelihood of absconding, 2. possibility of tampering with evidence, 3. intimidation and threat to witnesses, 4. likelihood of repeating the offence, 5. nature of the offender and the seriousness of the offence, 6. likelihood of breach of peace and tranquility in the locality, 7. likelihood of retaliation by the victims’ party.

General Provisions for Bail and Bond 
in Criminal Procedure Code           

Amount of Bail
Anticipatory Bail
Arrest and Bail Under Special Acts
Bail in General
Bail after Conviction and Pending Appeal
Bail and Anticipatory Bail under Special Statutes
Bail and Bail Bond
Bail and Security
Bail Application Forms
Bail by Police
Bail by High Court
Bail by Magistrate
Bail by Sessions Judge
Bail by Supreme Court
Bail from Persons or than Accused
Bail in Bailable Offences
Bail in Case of Non-bailable Offence
Bail in Security Proceedings
Bail, Parole, Furlough
Bond and Forfeiture of Bond
Bonds, Requisites, Amounts and Forms
Cancellation of Bail
Competent Authorities to Grant Bail
Conditions of Bail and Bail Bonds
Court, Prosecution and Defence
Default Bail
Detention Order-Preventive Detention Act
Detention under COFEPOSA
Duty of Courts to provide Sitting Place to Arrested Persons
Failure of Police to File Charge-sheet in Time – Effect on Bail
First Information Report (FIR)
Forfeiture, Cancellation of Bond and Appeals
Framing of Charge
Golden Principles
Habeas Corpus
Investigation
Philosophy and Concept of Bail
Police Interrogation
Practice and Procedure
Regular Bail
Release of First Offenders
Remand
Right to Life and Personal Liberty
Role of Police – Its Powers and Duties
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Bail under Special Acts

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SUPREME COURT 2          Supreme Court on Anticipatory bail[Case Laws]

          Supreme Court Guidelines

ARNESH KUMAR VERSUS STATE OF BIHAR & ANR[July 2, 2014] BULLET 2

Authorising detention without recording reasons as aforesaid by the Judicial Magistrate concerned shall be liable for departmental action by the appropriate High Court. Direction applicable in cases where the offence is punishable with imprisonment for a term which may be less than seven years or which may extend to seven years.

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BULLET 2Law of Preventive Detention in India

BULLET 2Table of Offences & shorter Indian Penal Code

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