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HOW JUDGES FIX BAIL AMOUNT?

Updated: Nov 10, 2020

BY

Barathkumar K M, III year B.B.A.,LL.B.(Hons.)

Introduction

Article 21 of the Indian Constitution says about the right to life and personal liberty. Thus, every person is entitled to get the bail; if a person is charged for false allegations then the person is entitled to get the bail. To provide the bail the court will consider the nature or seriousness of the offence, the character of the shreds of evidence, witness, based on the bonafide of the applicant and similar other factors, the court will provide the bail. In State of Maharashtra vs. Sitaram Popat Vital[1], the court stated that the following conditions should be fulfilled to provide the bail.

  1. The nature of accusation and evidence

  2. Based on the witnesses

  3. Prima facie satisfaction of the court in support of the charge

Types of Bail

There are three types of crime. Based on the nature of the crime the person can apply for the bail. The three types of crimes are:


1. Regular bail

The regular bail is provided under Section 437 and 439 of the Criminal Procedure Code. The regular bail is usually provided to the person who has been arrested or is in police custody.

2. Interim bail

The interim bail is provided only for the short period, the interim bail will be granted before the grant of regular bail or anticipatory bail.


3. Anticipatory bail

The anticipatory bail is provided under Section 438 of the Criminal Procedure Code. The anticipatory bail is applied by a person before his arrest and to prevent him from the arrest.

Amount of bail

The amount of the bail is provided under section 436 to 450 of the Criminal Procedure Code. The bail amount is calculated on the following:

  1. Brutality of crime

  2. Judge’s decision

The main circumstances to fix the bail amount is the brutality of crime for which the person is charged and the judge’s decision. The financial circumstance of the accused is also taken into the amount to fix the sum of the amount. The amount of the bail is determined only based on these circumstances; there is no fixed formula of the bail amount.

When a person will be released on bail?

There are four major circumstances to determine whether to provide the bail to the person or not


1. Bailable offences

According to Section 436 of the Criminal Procedure Code, the arrested person who is not accused of any non-bailable offence has a right to get the bail. In State of Mysore vs. Baswanath Rao[2], the court laid down three conditions to provide bail under sec. 436 of Cr.P.C, the conditions are as follows:

  • He has been arrested of a bailable offence

  • He has been arrested or detained by the police officers without any warrant

  • He is prepared to give bail at any time while in the custody of such officer or at any stage of the proceedings before such court.

2. If the investigation is not completed within the prescribed period

According to Sec. 57 of the Criminal Procedure Code, if a person is arrested, he has to be produced before the Magistrate within 24 hours. The magistrate can keep the accused under custody maybe which ought to not exceed 15 days. In case if the investigation is not completed within 24 hours or if the magistrate is not available then the accused should produce before an Executive Magistrate, he may order the detention of the accused person in custody for a term, not more than 7 days.

3. No evidence

If there are no reasonable grounds for believing the accused was liable for a non-bailable offence but there are sufficient grounds for the further enquiry, then the accused shall be released on bail under Sec. 437(2) of the Criminal Procedure Code.

4. Trial not conducted within 60 days

If the trial is not completed within 60 days from the first date of taking the evidence, then as per the wish of the Magistrate he may grant the bail to the accused.


Conclusion

Bail is the temporary release of an accused person from the prison. To get the bail the accused has to pay some money. The sum of the amount depends upon the brutality of the crime, judge’s decision and the economic status of the accused person.


[1] 2004 (7) SCC 521

[2] 1966 AIR (Kar) 71