BAIL BEFORE ARREST Ä What is bail before arrest? Under what circumstances it can be allowed? INTRODUCTION RELEVANT PROVISIONS Section 497 and 498 of CrPC MEANING OF PRE-ARREST BAIL U/SEC 498 Release of accused from State Custody to the custody of person. OBJECT OF PRE-ARREST BAIL CONDITIONS FOR GRANT OF PRE-ARREST BAIL The main conditions to be satisfied before exercise of jurisdiction in pre-arrest bail under section 498 CrPC are as under; I- APPREHENSION OF IMMINENT ARREST II- APPREHENSION OF HUMILIATION III- IRREPARABLE INJURY TO REPUTATION IV- OTHERWISE A FIT CASE V- PHYSICALLY SURRENDER BEFORE THE COURT VI- PETITION BEFORE SESSION COURT WHO MAY BE RELEASED ON BAIL The court may direct the following persons may be released on bail I- ANY PERSON UNDER THE AGE OF 16 II- ANY PERSON ABOVE THE AGE OF 60 III- ANY WOMAN IV- ANY SICK OR INFIRM PERSON V- IN CASE OF FURTHER INQUIRY VI- REASONABLE GROUNDS VII- RULE OF CONSISTENCY VIII- CROSS CASE IX- DELAY IN TRIAL CASES WHERE BAIL BEFORE ARREST NOT GRANTED Bail before arrest cannot be granted in the following cases i) If accused is habitual offender. ii) If accused is previously convicted. iii) If there is likelihood of abscondence of the accused. iv) If there is reasonable apprehension of accused being tempering the prosecution evidence. BAIL BEFORE ARREST IN BIALLABLE OFFENCES CONDITIONAL BAIL BEFORE ARREST WHERE NO CASE REGISTERED U/SEC 498-A FORUM FOR BAIL BEFORE ARREST U/SECTION 498 Ayaz TunioRaja Dilawar Khan
Posted on: Fri, 05 Dec 2014 10:16:16 +0000
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