Bhatt & Joshi Associates, regarded as one of the leading law firms for Bail Lawyers and Anticipatory Bail lawyers criminal cases and having best Bail Lawyers and Anticipatory Bail lawyers in Ahmedabad, representing in all Session & District courts of Ahmedabad, Gujarat along with this also serving as Bail Lawyers and Anticipatory Bail Lawyers at Gujarat High Court & Supreme Court of India.
The code of criminal procedure, 1973 has defined the term bailable offence by stating that an offence which is shown as bailable in the first schedule, or which is made bailable by any other law for the time being in force; and the term non-bailable offence states the meaning that any other offence other than bailable offence. The distinction between bailable and non-bailable offences is based on the gravity of the offence, danger of accused absconding, tampering of evidence, previous conduct, health, age and sex of the accused person. Though the schedule for classification of offences as bailable or non bailable is provided in Crpc; however, it is mostly the offences which are punishable with imprisonment for not less than three years that are classified as non-bailable.
The purpose of bail is to ensure the appearance of the accused before the court whenever required but in certain cases, granting bail is not required. The basic rules of grant or denial of bail may simply be summarized as:
- There are only two kinds of offences bailable and non bailable offences
- In case of bailable offences section 436 CRPC it is the right of the accused to demand and be granted bail.
- The certain basic criteria while exercising his judicial discretion for grant or denial of bail in case of non bailable offences has been laid down in section 437 CrPc in the cases related to non-bailable offences. Some of these criteria include the nature of offence, past criminal records and probability of guilt.
- Section 438 CRPC deals with anticipatory bail in cases where there is an apprehension to arrest.
- There are other factors also which are to be kept in mind by the hon’ble court before granting of bail like the possibility of threatening a witness, possibility of evidence being tampered etc.
Bail is a wide concept linked with an accused or a convict being enlarged on liberty during the pendency of a Criminal Trial, Criminal Appeal of Criminal Revision:
Regular Bail –
When any person commits a cognizable and non-bailable offense the police will take him into custody. After the termination of the period of police custody if any, the accused must be sent to Jail. Under section 437 and 439 of Cr.P.C., such accused has a right to be released from custody. So we can say that the Regular bail is the release of the accused from custody for ensuring his presence in the trial.
Anticipatory Bail –
Anticipatory bail is a bail that is granted under section 438 of the CrPC, to a person, even before an arrest, in anticipation that he might be getting arrested in some days for a certain criminal offense. This bail is essential nowadays where influential persons involve their opponents, in false and frivolous criminal issues to either damage their image or to get them arrested for some time, to enable them to get their work done. There is no need of a First Information Report (FIR) that is filed against a person to make an application for the anticipatory bail. When a person anticipates the reasonable grounds that exist for his arrest, he will be able to apply for the anticipatory bail even before lodging of a FIR.
Interim Bail –
Interim Bail is a bail for a temporary period which is granted by the Court during the pendency of any application or it is granted until the time your application for Anticipatory Bail or Regular Bail is pending before a Court. It will be granted with some condition. The interim bail can be extended and if the period of interim bail gets over and also the accused person does not pay before the court for confirmation and/or continuation of the interim bail then the freedom granted under the interim bail will be cancelled and the accused person be taken into custody or a warranty must be issued against him.
Provision for cancellation of bail in India is contained in Section 439(2). It contemplates that the Court of Session or the High Court can cancel the bail granted to an accused. The said section is reproduced hereunder for ready reference:
“439(2) A High Court or Court of Sessions may direct that any person who has been released on bail under this Chapter be arrested and commit him to custody.”
The powers as provided under section 439 (2) are wide and sweeping. The said powers can be exercised for canceling any bail however if the bail has been granted by the court of session, the same would be canceled by the Court of Session or the High Court. If the bail has been granted by the High Court, the same can only be cancelled by the High Court.
Temporary Bail –
When a Regular Bail is not granted to an accused, he can still apply for temporary bail, under some grave and emergent circumstances like illness of a near relative in the want to care, death of a near relative etc.
Post-Conviction and Pre-Appeal Bail under section 389 Cr. P.C.:
The section contemplates post-conviction and pre-appeal period. Pending an appeal against conviction, the appellate Court may release the convict on bail and the High Court can exercise this power when appeal lies to Sessions Court. So far as the court convicting the accused is concerned, the court is bond to admit the accused to bail pending order passed by appellate court or High Court when (a) the accused was already on bail and has been sentenced to imprisonment for a term not exceeding three years; or (b) when the offence was a bailable one. Even on fulfilment of the condition court on convicting the accused may refuse bail if there exists a special reason. Under this section an intention to present an appeal on the part of the convicted person is sufficient reason to justify the release of a convicted person on bail. It may further be noted that an order of bail under this section is for a limited period only and is applicable only to “convicted” persons and not to those who are bound over.
Bail During Revision Under Section 397 Cr. P.C. :
The Sessions Court and the High Court in exercise of revisional power can call for records of inferior courts for the purpose of satisfying himself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed and as to the regularity of any proceedings of such inferior court. When such a revisional Court calls for the record of an inferior Court, he may direct that the execution of the sentence or order be suspended and, in case the accused is in confinement, then he may be released either on bail or on his own bond pending the examination of the record.
Areas where we offer our services:
- Central Bureau of Investigation CBI Court in Ahmedabad
- Sessions Court in Ahmedabad
- Special Company Court in Ahmedabad
- Metropolitan Magistrate Court in Ahmedabad
- High Court of Gujarat
- Supreme Court of India
- Customs Tribunal in Gandhidham, Kandla Port, Mundra Port
- Other Criminal Courts in the State of Gujarat
- Attending various Police Stations in the State of Gujarat
Why Bhatt & Joshi Associates as Bail Lawyers?
- Combination of Experienced Lawyers and Young Lawyers: A Firm having the team of energetic, dynamic young blood with a combination of most experienced, specialist Bail Lawyers having vast experience at Court of sessions and Appellate Experience at Gujarat High Court.
- Fact collection: Sometimes there are more than one conceivable arrangements or parcel of points of reference to help the argument. Thus, a Bail Lawyer ought to have that ability to assess every one of the potential outcomes before presenting the same.
- Research: Good legitimate research abilities are required to look into important case laws, points of reference, corrections to help the contentions. A good Bail Lawyer must not only be good at facts collection but also at research on law.
- Representation: It is most important for a Bail Lawyer to deeply understand facts and most aptly represent them before presiding Judge, be it at Sessions Court or High Court or Supreme Court. It must be understood that any important evidence missed out at the stage of trial, affects the case at every stage of appeal.
- Detailed Knowledge of Diverse Areas of Law: It is equally important that your Bail Lawyer has a grip over diverse areas of Law. Criminal Law is highly intertwined with CrPC, Evidence Act and Indian Penal Code along with other Criminal Minor Acts and along with this diverse set of experience at Sessions Court, Gujarat High Court and Supreme Court makes the firm a most preferred litigation professionals for the clients.