Law: Criminal Procedure Code (V of 1898)

Section: 426,496,497,498,499,561A

(a) Bail Meaning and definition ofBail was temporary release of a prisoner in exchange for security given for his appearance at a later hearing and meant a security such as cash, a bond, or property; especially, security required by a court for release of a criminal defendant who must appear in court at a future timeBail was practice of releasing a person from custody, awaiting trial or an appeal, on payment of money or pledge of property to ensure his appearance before the legal authority concerned at the stipulated time. MerriamWebster Online Dictionary rel. (b) Criminal Procedure Code (V of 1898) Ss.426, 496, 497, 498, 499 561AApplication under S.561A, Cr.P.C.Right to reasonable amount of bail bondConditions of bailBail bond and suretiesPrinciples to be observed in grant of bail for pretrial accused as well as in cases of suspension of sentence pending appealReduction in amount of bond after grant of bailScope Accused sought reduction in surety amount after bail was granted to him under S.426, Cr.P.C., inter alia, on ground that he did not have requisite means for furnishing amount for bail bondsValidityCourt should fix amount of bond having due regard to circumstances of a case, including nature of offence charged, weight of evidence against a person, financial capacity of accused and his character/criminal historyAmount of bail bond should not be excessive, harsh or unreasonable but should be such which, in of Court, would ensure presence of the accusedCourt, for more than one accused in a case, may stipulate different amounts for their bail bonds because each one of them stood before bar of justice as an individual; and in a case where the Governments only interest was in preventing flight, Court must set the bail at a sum designed to ensure such goalWhile stipulating amount of surety bond, Court must always take into consideration financial position of accusedAccused in present case, could not benefit from order of grant of bail as he could not furnish requisite security and nothing was brought on record which could controvert contention that accused was indigent and could not arrange such amountHigh Court held that in such circumstances, it was just and…

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