Bail and Parole

Bail and Parole | welegal
What is Bail and Parole?

Bail is completely different from Parole. Both are not synonymous to each other and stand on different footing. Granting Bail is not to set the accused free from legal proceeding, but to release the accused from the custody of Law and to entrust him to the custody of his sureties who are bound to produce him to appear before the court as and when required at the trial stage. Bail is not guarantee of complete freedom.  The court while granting the bail Imposes certain conditions on the accused person and in the events of violation of the conditions, the court is quite competent to cancel the bail and discharge the sureties. Parole is normally granted to a prisoner to enable him have a pleasant family life for a short period. Parole therefore, is a conditional liberation which provides an opportunity to the prisoner to make adjustment in the community under the guidance of Parole Officer.

Bail is granted by the court at the pre-trail stage or trail stage, while Parole is granted while undergoing in imprisonment.  Parole means to release of a prisoner from the jail for a short period on the promise and undertaking given by the said prisoner that he will not escape after being released from the jail and will come back  after the stipulated period to undergo the remaining sentence again.

Procedure of granting Bail – Grant or refusal of Bail is very delicate matter and certainly needs a serious examination when the court decides against the accused person. There is no difficulty for the police or the Judicial officer to release the accused person on bail, in a Bailable offence. Of course, bail in a bailable offence, is a matter of Right. But in case of Non-bailable offence, the Judicial Officer have to  View the provisions of law and  have to use his discretionary power in granting or refusing bail to the accused person.

“Bailable Offence” means an offence which is shown as bailable in the first Schedule, or which is made bailable by any other law or for the time being in force and “Non – Bailable” offence means any other offence. The Supreme Court of India and almost all the High Courts have observed that “grant of bail is a rule and refusal to bail is an exception”. In the case of State of Rajsthan Vs Bal Chand,  AIR 1977 SC 2447, The Supreme Court of India has observed that the normal rule is bail not jail. The main purpose behind the grant of bail is that consequences of long detention of the pre-trail accused persons were very grave, who are presumed to be innocent as any other citizen until and unless convicted.

Any person who has the capacity, control and competence to produce the accused in case of non-production or to pay the amount of the surety, can be accepted by the court for the purpose. No specific provision is there to decide the exact amount of surety to be paid, if bail is granted to the accused person. The court are given discretion to fix a reasonable amount judicially.

Provisions of Bail and Bonds has been described under Sec. 436 to 450 of The Code of Criminal Procedure. Bail under Section 437 of The Code of Criminal Procedure is not the matter of Right.

Special Power of High Court or the court of Session as been defined under Section 439 of The Code Of Criminal Procedure, 1973.

Bail once granted can’t be reviewed, revised or set aside by the same court under any provision of this code. But the court has power to cancel the bail already granted to the accused of an offence under Indian Panel Code or any other provisions of Law. Magistrate who has granted the bail in non-bailable offence can pass an order of cancelation of bail, if necessary, but the magistrate is not competent to cancel the bail granted in bailable offence. There are certain circumstances which are to be kept in mind by the session Court or the High court when the bail already granted is to be cancelled. Rejection of Bail is certainly different from rejection of bail.

Whereas in case of misuse, the court will cancel the bond and the accused will have to go in jail custody.  The accused shall have right to pray for bail and he court may consider his application on his discretion.

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