A brief note of Bail in bailable and non-bailable offence
The word bail has been derived from the French word ‘bailer’, which means to deliver or give. The conditional release of an indicted from guardianship is nominated as bail. In other words, bail is the security for the indicted person. A person is assumed to be innocent unless proven guilty. Hence, an indicted shall not be deprived of particular liberty unless specified by a fair and just procedure. Bail Provisions Under CrPC The term ‘bail’ is nowhere defined in the Criminal Procedure Code, 1973. still, it has been defined in CrPC under sections 436- 450. The first schedule of CrPC also defines which offenses are bailable and which are not. Generally, on-bailable offenses are more heinous crimes. Bail in Bailable Offence A person other than a person indicted of an on-bailable offense may be released on bail under this section on similar terms as may appear reasonable to the police officer or the Court. A person released under this section by the police off