Bail In Non-Bailable Offenses: Critical Analysis On Guidelines By The Supreme Court

Vanshika Patel, B.A.LL.B., School of Law, DY Patil Deemed to be University

ABSTRACT

India is a democratic country that values the fundamental rights of the citizens of the country, which include personal liberty and freedom. These rights are protected by the state and hence bail, and personal liberty go hand in hand and every individual, as well as an accused, can claim bail as a legal right. When the person gets detained in custody the first thing that comes into mind is bail; whether it is competent to get bail or not. Bail is generally the release of an accused in a criminal case in which the court has not yet passed the sentence of judgment1. Every criminal is on a voyage of discovery in which truth is the quest2. Just the person who is said to be an accused under custody cannot leave him behind by exercising his legal right i.e., to file for bail. The court should grant bail to the accused as it is a privilege to defend the case unless the court opines that the accused will not support the trial and for the well-being of society the court may reject the bail as a privilege. There are legal provisions under the Criminal Procedural Code i.e., Section 496 in which the arrested person can get bail under a bailable offense, and Section 497 grants bail under a non-bailable offense. The non-bailable offense is a vast aspect, and there are some limitations to getting bail. Furthermore, this research paper gives more information about the non-bailable offense, bail in non-bailable offenses, factors determining bail in non-bailable offenses, bail as a matter of right, delay in trial and grant of bail, bail in other statutes, and the guidelines passed by the Supreme Court of India.