How can my friend get bail when court is on vacation?

25-Dec-2023 (In Criminal Law)
One of my frend got mcr and now for bail there is vacation how would he get bail party is ready for comprises but hc has holidays what should he do now .Section354 7/8
Answers (3)

Answer #1
977 votes
vacation benches have the power to listen to and grant regular bails according to the facts and circumstances of the respective case. Interim bail can be granted if there is any special circumstance in the case. In this matter, it is suggested that you can file interim bail during vacations only on the ground of urgency like some medical ailment etc. In the alternative one can prepare and file it in the registry in vacations and get it listed on the very first day when the Hon'ble H.C. re-opens.

Answer #2
769 votes
If allegations leveled in F.I.r. are bailable ,your friend ,if ready to give bail-bonds at the time of remand , for the satisfaction of court, may be granted bail,even when court is closed. S.436 Cr.P.c. will apply here .A person other than a person accused of a non-bailable offence may be released on bail under this section on such terms as may appear reasonable to the police officer or the Court. A person released under this section by the police officer need not approach the Court for a fresh bail as held by the High Court of Rajasthan.
The power to release the accused on bail under Sections 436 and 437 vests in the Court before whom he appears or is brought. The power of the Magistrate to grant bail does not depend upon his competence to try the case but on the punishment prescribed for the alleged offence. Therefore, an Executive Magistrate has power to grant bail only in respect of offences punishable with fine or imprisonment upto three months.

It has been held in a number of decisions that the conditions of the bail-bond should not be unreasonable or unduly harsh and oppressive so as to nullify the purpose of bail. The amount of bond or bail-bond should not be too high it should be fixed keeping in view the circumstances of the case and the capacity of the accused person.

The object of granting bail being to secure the appearance of the accused person to answer the charge at a specified time and place, the Court while considering the bail application should take into consideration the nature and gravity of the offence charged, the likelihood of accused’s involvement in it, the police report, the facts stated in the petition as also the grounds of opposition to the grant of bail etc.

It has been held that refusal to grant bail in contravention of Section 436 will render the detention of the accused illegal and the police officer causing such detention may be held guilty of the offence of wrongful confinement under Section 342, IPC.

Sub-section (2) provides that where a person accused of a bailable offence has been released on bail pending his trial; if he absconds or commits a breach of the condition of bail-bond or is found to intimidation of, bribing or tampering with the prosecution evidence or indulging in any subversive act which is prejudicial to fair trial, the High Court or the Court of Session may invoke its inherent power under Section 482 and cause such person to be arrested and to be kept in custody cancelling his bail-bond. The Court may also order recovery of penalty from the surety under Section 446 of the Code.

It has been held by the Bombay High Court that the order granting bail and incidental terms is essentially an interim order which is capable of modification as and when deemed necessary. While granting bail, the Court has the power to restrict the movements of the accused outside India and may direct him to surrender his passport.

The right to be released on bail in case of a bailable offence being a legal and constitutional right of the accused person, refusal of this right is a curtailment of the right of personal liberty guaranteed by Article 21 of the Constitution of India and, therefore, there should be no question of discretion in granting bail.

In Rasiklal v. Kishore Khanchand Wadhwani, the accused was released on bail for the offence of defamation which is bailable offence. Held, the Court is not bound to issue notice to the complainant and hear him before allowing the accused his release on bail.
Answer #3
537 votes
Vacations me bhi criminal case aur urgent matter k liye vacation bench high court me sitting krti he. Ap us vacation bench k samne apne bail application ki sunwai karwa sakte he. Aur party ka compromise bhi file kr dena

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