What are the remedies available to a person when bail is refused by the court?

If the person released on bail fails to comply with the conditions in the bail bond as regards time and place of attendance, the court may refuse him to be released on bail when he appears on a subsequent occasion. The bond executed by him and his surety stand cancelled under Section 446-A of CrPC.

What if bail is denied in India?

NAGPUR: In a landmark judgment which will come as a relief to those seeking anticipatory bail from sessions court under section 438 (4) of the Criminal Procedure Code (CrPC) that mandates the accused’s physical presence, the Nagpur Bench of Bombay high court said that at least three days of interim relief shall be …

What does section 438 of CrPC refer to?

Section 438(1) lays down “when any person having a reason to believe that he may get arrested for a non-bailable offence then he can apply for anticipatory bail to the High Court or the Court of session and it is at the discretion of the Court that whether they want to give the bail or not”.

When can bail be refused in non-bailable offence?

An officer- in-charge of the police station may grant bail only when there are no reasonable grounds for believing that the accused has committed a non- bailable offence or when the non-bailable offence complained of is not punishable with death or life imprisonment.

Why do they refuse bail?

Considerations such as prior criminal history, the seriousness of the charge, the risk of reoffending, previous breaches of bail or if there is a genuine chance that you will not appear at your next court appearance, will all weigh into whether or not bail will be granted.

Can you appeal for bail?

If bail is refused by the Sheriff, then the accused is remanded in custody. Every individual whose bail application is refused has the right to appeal that decision. A bail appeal is marked at the Court from which the matter is being appealed; this is usually the local Sheriff Court.

Why is anticipatory bail rejected?

A few circumstances under which Anticipatory Bail may be refused are: The possibility of the Applicant to abscond in the event cognizance is taken by the trial court or warrant of arrest has been issued by the trial court. If the prima facie case with which the Applicant has been charged can be made out.

What CrPC 439?

439. Special powers of High Court or Court of Session regarding bail. (2) A High Court or Court of Session may direct that any person who has been released on bail under this Chapter be arrested and commit him to custody.

What CrPC 446?

Explanation. – A condition in a bond for appearance, or for production of property, before a Court shall be construed as including a condition for appearance, or as the case may be, for production of property, before any Court to which the case may subsequently be transferred.

What are the different types of bail under CrPC?

The bail under CrPC is divided according to the types of offence alleged against the accused. 1. There are only two kinds of offences under the criminal law, bailable offence and non-bailable offence. 2.

Can a person be released on bail for a non-bailable offence?

The section is concern only with court of magistrate. It expressly excluded the high court and court of session. When a person is detained for a non-bailable offence, he cannot demand to be released on bail as a matter of right. He can, however, request the court to grant bail.

Can a court refuse to grant bail to an accused?

SUB SEC- (2) OF THE SEC 436 EMPOWER THE COURT TO refuse bail to an accused person even the offence is bailable where the person granted bail fails to comply the condition of the bail bond. But where the offence is bailable and accused is prepared for furnishing bail police/magistrate has no discretion to refuse bail.

What are the circumstances under which a court may demand additional bail?

When the amount of bail taken td found to be insufficient, the Court may demand additional bail. A surety who is once accepted is at liberty to apply to the Court for his discharge; and the accused is then called upon to find fresh sureties. In case of non-bail able offence bail may be given by the following name and circumstances: i.