What is a Permanent Bail?
Permanent Bail
A bail is a conditional release of an accused person from legal custody in matters that are yet to be pronounced by the Court. It is essentially a sum of money or collateral that a person agrees to deposit with the court as an assurance that they will show up for their trial. In case the accused does not appear in court for his/her trial, the money that was deposited is confiscated by the court.
There are many different types of bail, but the most common is cash. The bail amount is usually set by the court based on the nature of the offense and the person’s criminal history. The judge considers the person’s ability to post the bail and also the impact that a failure to attend court will have on loved ones who may be required to pay a fee to a bail bondsman.
The purpose of bail is to encourage a defendant to come to court and to ensure that he or she is there for the trial, which is important for both the justice system and society in general. A failure to attend a trial can result in the conviction of the accused and a prison sentence, which is why the courts try to get people on trial as quickly as possible.
What is a Permanent Bail?
It is a widely accepted practice that the person’s liberty must be protected by the law, and the law gives judges the discretion to grant or deny bail. However, this freedom is a delicate balance that has to be carefully calibrated. Unlike in the United States, where there are laws that regulate the pretrial detention of suspects and impose conditions on bail, the Indian courts have a more relaxed approach to this question. Unlike in the United States, where pre-trial detention is often used as a tool to harass poor and minority groups, courts in India rarely use pretrial detention to pressure suspects to plead guilty.
Another aspect of the bail system is whether the suspect is a flight risk. This is determined by considering a number of factors including:
If the court believes that the defendant will not attend trial and will likely flee, they can order the bail to be suspended or cancelled. This is a very serious order and can only be issued by a judge who has been given the power to do so under section 3142 of the CrPC. A judge must be convinced that the suspect will not only try to escape but that they will also obstruct or threaten justice or a witness.
Generally, it is more difficult to cancel or suspend a bail than to grant one. However, this can be done when the court is satisfied that there is a real risk of the accused escaping to another nation, that they are trying to conceal evidence or being inaccessible to the investigation or that they have been convicted of offences that are non-bailable. In such cases, the court can also cancel a bail that has been granted on default or after the expiry of the stipulated time for investigation and prior to the submission of the charge sheet.