CHAPTER 11 BAIL AND BONDS
11.1 PROVISIONS AS TO BAIL AND BONDS-
Provisions regarding bail can be categorised into-
1. Bailable cases; and
2. Non-bailable cases.

In bailable cases, the grant of bail is a matter of duration given either by the police officer having the accused in his custody or by the court, by executing a bond and even without sureties under section 436 (1).
In non-bailable cases the accused may be released on bail but bail cannot be granted where the accused appears on sensible reasons to be guilty of an offence punishable either with death or with imprisonment for life.
Rule does not apply to a individual under sixteen years of age, a woman or a sick …show more content…
Provided that such officer or court, if he or it thinks fit may and shall, if such individual is indigent and is unable to furnish surety instead of taking bail from such individual discharge him on his executing a bond without sureties for his appearance as hereinafter provided.

• Explanation-
Where a individual is unable to give bail within a week of the date of his arrest, it shall be a sufficient ground for the officer or the court to presume that he is an indigent individual for the purposes of this …show more content…
• Notwithstanding anything contained in sub-section (1) where a individual has failed to comply with the conditions of the bail bond as regards the period and place of attendance, the court may refuse to release him on bail when on a repetitive occasion in the same case he appears in the court or is brought in custody and any such refusal shall be without prejudice to the powers of the court to call upon any individual required by such bond to pay the penalty thereof under section 446.
• The fundamental principle is that a individual should not be deprived of his liberty except for a distinct breach of Act. The power of the officer to grant bail does not depend upon his competence to try the case but on the punishment prescribed for the offence.
• A successive bail application is allowed only if new and compelling reasons are invoked in support of it, held by the court in Chittar v State of Rajasthan, 1980 Cr. L.J. NOC 94.
• In matters of bail the applied test is of sensible belief as opposed to decision and conclusion which marks the end of the trial. The court in granting bail has to take into consideration the charge framed, police report, facts of the petition for bail and the reasons of opposition against that