सत्यमेव जयते
At Office of Partap Singh, we assist individuals and families facing criminal charges, FIRs, and arrest situations anywhere in India. Criminal cases move at an unparalleled speed, and most citizens are uninformed about their rights. We aim to advise succinctly, safeguard your liberty, and ensure you receive fair representation at all stages of the case.
The Bar Council of Punjab and Haryana marked a historic moment with the launch of its first law journal, 'Counsel,' by Supreme Court Hon'ble Justice Surya Kant. This event signifies a stride towards a new chapter in legal scholarship within the region.
Basic Overview of Bail in India
Bail is a method through which an accused person is released from detention with the case being continued either in investigation or trial until such a time when he shall be set free, without being detained, and appears before the court when called upon.
The concept of bail in India is based upon the type of offence and the situation of the accused. A good understanding of such rules helps the relatives act fast and make informed decisions.
Types of Offences in Criminal Law India: Bailable and Non-Bailable
Criminal law in India differentiates offenses into two types
- Bailable Offences
- These are the less serious offences.
- It is a right to bail.
- The police or the court has to release the accused on bail if it is demanded.
- Non-Bailable Offences
- These are more serious offences.
- Bail is never automatic.
- The court considers a number of factors before reaching a decision.
The term "non-bailable" panics families, but with proper legal steps, many such cases still get bail.
What is a Cognizable Offence?
A cognizable offence, India is one for which the police can arrest without a warrant. These usually involve serious allegations.
The case of a non-cognizable offence requires a warrant for arrest. Knowing this difference becomes important, above all, in the early stages of the case.
Types of Bail We Help With
We at the Office of Partap Singh support our clients in all types of bail-related matters. Each type serves a different purpose, and the right choice depends upon the stage of the case.
Surety Bond/Regular Bail (After Arrest)
Regular bail is requested in court when a person has been arrested and brought before the court. Application for it is processed under Section 437 and Section 439 of CrPC.
- Our assistance involves
- Reviewing FIR and case documents
- Preparation of bail grounds
- Collect surety details
- Filing the bail petition
- Representation of the suspect in court
Regular bail facilitates returning home for the accused while the case continues.
Anticipatory Bail (Before Arrest)
Anticipatory bail India protects a person who apprehends his arrest for a non-bailable offence. It is filed under Section 438 CrPC.
We do this by
- Assessment of the complaint or the danger of an FIR
- Drafting of petitions for anticipatory bail
- Submissions to the Sessions Court or the High Court
- Advising on the bail terms, e.g., police cooperation, no-contact orders, and passport surrender.
- Anticipatory bail really helps in avoiding needless arrest and brings down the stress level of the families involved.
Interim Bail
Interim bail is a kind of short-term safeguard offered until the court arrives at a conclusive decision regarding regular or anticipatory bail in India.
It comes in handy in situations where the court requires additional time or the arrest is imminent.
Bail Granted by Courts
Nature and seriousness of the offence: The courts are more forgiving in granting bail for minor offences, while they are very cautious about serious crimes with violence, weapons, or major losses associated.
Prior record of crime: A clean slate in terms of criminal record supports the granting of bail and is in contrast to the situation with the past criminal history of the accused being a barrier to bail.
Strength of evidence: Evidence that is weak or not complete is a factor that increases the chances of bail, whereas strong evidence can bring it down.
Chances of tampering with evidence: The probability of interfering with evidence being low is a factor that makes bail more favorable.
Health, age, and family background: Accused persons who are older, sick, female, or whose family members are dependent upon them are usually given more lenient treatment.
Co-operation on investigation: The full cooperation of the accused with the police and attendance at court should be taken into account when considering bail.