tag:blogger.com,1999:blog-6541136381262666757.post8661395545843073302..comments2023-10-25T05:05:00.272-07:00Comments on Reflections: About BailAnupam Patrahttp://www.blogger.com/profile/00179237569294043987noreply@blogger.comBlogger33125tag:blogger.com,1999:blog-6541136381262666757.post-81888387150129291922013-05-16T01:06:57.872-07:002013-05-16T01:06:57.872-07:00Prior to the posting of a bail, the individual (co... Prior to the posting of a bail, the individual (co-signer) contracting the bail bondsman (surety company) to post a bond must guarantee that he will pay the full amount of the bail if the defendant does not appear in court by signing a contract.<br /><br /> <a href="http://ezbonding.com" rel="nofollow">Bail Agent in Aurora Colorado</a>Anonymoushttps://www.blogger.com/profile/10474359922827274648noreply@blogger.comtag:blogger.com,1999:blog-6541136381262666757.post-18732137286457591432013-05-16T01:06:27.979-07:002013-05-16T01:06:27.979-07:00Prior to the posting of a bail, the individual (co... Prior to the posting of a bail, the individual (co-signer) contracting the bail bondsman (surety company) to post a bond must guarantee that he will pay the full amount of the bail if the defendant does not appear in court by signing a contract.<br /><br /> <a href="http://ezbonding.com" rel="nofollow">Bail Agent in Aurora Colorado</a>Anonymoushttps://www.blogger.com/profile/10474359922827274648noreply@blogger.comtag:blogger.com,1999:blog-6541136381262666757.post-29035043608893135202012-09-30T20:35:46.990-07:002012-09-30T20:35:46.990-07:00Very very sad. I hope that the ones responsible fo...Very very sad. I hope that the ones responsible for such abhorrent crimes ultimately pay for their deeds before they die.Anupam Patrahttps://www.blogger.com/profile/00179237569294043987noreply@blogger.comtag:blogger.com,1999:blog-6541136381262666757.post-81136202053691054732012-09-30T10:35:21.676-07:002012-09-30T10:35:21.676-07:00Anupam
I know two cases. In one the person was gra...Anupam<br />I know two cases. In one the person was granted bail, then he arranged to kill the main witness. The main witness long before made a will in favor of that very person, the person became rich but was absconding. His lawyer made the appeal for probate.<br />In another case Police wrongly suspected a person, could not produce a single witness or evidence. His wife appealed for the bail but could not arrange the surety of Fifty thousand. The wife had some evidence for this man's innocence. Now in open daylight the wife was killed. The man could never come out of Jail although innocent. pradipwritenowhttps://www.blogger.com/profile/06321320863952722189noreply@blogger.comtag:blogger.com,1999:blog-6541136381262666757.post-43874695176758518552012-09-29T20:44:37.179-07:002012-09-29T20:44:37.179-07:00About interim bail, there is no statutory provisio...About interim bail, there is no statutory provision which envisages the term or the concept of an interim bail. It's a creative interpretation of the bail law. What it means is that an accused is granted bail for a specific purpose and he's deemed to be in custody during that period and he must return to jail after the interim bail period is over. It is granted when there is an unavoidable urgency but otherwise the Court thinks that the accused does not deserve to be granted bail. What is done is that he's allowed an interim bail for a specific (usually a very small duration) of time to meet the emergency requirement. But he has to come back to custody after that work is over. Normally bail is granted and it remains in effect till it is not cancelled or the trial is not over with the accused being sentenced to imprisonment.<br /><br />I haven't heard of the term 'payroll' in bail law. In general it means the list of salaries / paid persons in an organisation. What I think you wanted to ask is about 'Parole' and not 'Payroll'<br /><br />'Parole' is a conditional release of a prisoner for a specific period for a specific time, from his imprisonment. The term is found in Jail Manuals. <br /><br />The main difference between bail and parole is that while the former is mainly granted pending inquiry or trial, the latter is granted after a person is found guilty and is undergoing his punishment (imprisonment). While the former is a discretion of the Courts where the accused's trial is pending (or the one to where he goes in appeal), the latter is more an executive decision in the purview of the State Government. Courts have nothing to do in granting parole.<br /><br />Thanks for reading Shivendra. I hope I've clarified your query. You are always welcome to ask further.Anupam Patrahttps://www.blogger.com/profile/00179237569294043987noreply@blogger.comtag:blogger.com,1999:blog-6541136381262666757.post-76825158788504522692012-09-29T20:21:55.763-07:002012-09-29T20:21:55.763-07:00This comment has been removed by the author.Anupam Patrahttps://www.blogger.com/profile/00179237569294043987noreply@blogger.comtag:blogger.com,1999:blog-6541136381262666757.post-76549914755018028922012-09-29T14:32:02.976-07:002012-09-29T14:32:02.976-07:00What is interim bail? How is payroll different fro...What is interim bail? How is payroll different from bail?Muhfathttps://www.blogger.com/profile/09931514407435438632noreply@blogger.comtag:blogger.com,1999:blog-6541136381262666757.post-6994189070672853042012-09-29T08:44:28.324-07:002012-09-29T08:44:28.324-07:00Thank You TTT
Now coming to the point raised by y...Thank You TTT<br /><br />Now coming to the point raised by you. I've explained that scenario in the post. See the seriousness of offence is more often than not decided by 1 ) the punishment prescribed by the offence (e.g. theft the punishment is 3 years (at max.) whereas for robbery it is ten years (max.). So you see the consideration for bail to a person accused of theft will always be less grave than for one accused of robbery.<br /><br />Let's not mix this issue with that of socio economic disparity.<br /><br />The fact that a poor person cannot go out on bail has more to do with the fact that he has no money to furnish the bail amount. It has nothing to do with the seriousness of offence.<br /><br />Let us for example suppose that a rich man accused of cheating and a poor man accused of cheating are both granted bail by a Court. Now the reason why the rich man will be able to go free is because he will be able to give the bail fixed by Court whereas the poor accused may not be able to do so.<br /><br />Please understand that this has more to do with social and economic inequality than with legal flaw. <br /><br />Thank you for reading the post TTT. I hope I've clarified the point that you've raised. Anupam Patrahttps://www.blogger.com/profile/00179237569294043987noreply@blogger.comtag:blogger.com,1999:blog-6541136381262666757.post-30322574276063925752012-09-29T08:21:59.199-07:002012-09-29T08:21:59.199-07:00Thank You JayadevThank You JayadevAnupam Patrahttps://www.blogger.com/profile/00179237569294043987noreply@blogger.comtag:blogger.com,1999:blog-6541136381262666757.post-11864854142003980982012-09-29T05:41:48.242-07:002012-09-29T05:41:48.242-07:00great post ! one of the factors you've mention...great post ! one of the factors you've mentioned is 'seriousness of the offence'. Who decides the seriousness. You get to hear people who have committed heinous crime getting out on bail whereas some poor soul suffering inside the jail . TTThttps://www.blogger.com/profile/10165759530468274168noreply@blogger.comtag:blogger.com,1999:blog-6541136381262666757.post-30875780195461421532012-09-29T04:54:44.729-07:002012-09-29T04:54:44.729-07:00I notice that you are discussing many serious main...I notice that you are discussing many serious mainstream issues at this blog. I am sure it adds to the battle against all that's wrong in the system.<br /><br />RegardsAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-6541136381262666757.post-4362084950249177772012-09-28T22:53:36.492-07:002012-09-28T22:53:36.492-07:00Thank You KrishnaThank You KrishnaAnupam Patrahttps://www.blogger.com/profile/00179237569294043987noreply@blogger.comtag:blogger.com,1999:blog-6541136381262666757.post-26421890203044736332012-09-28T22:50:46.207-07:002012-09-28T22:50:46.207-07:00Very good post AP. Sometimes it makes people wonde...Very good post AP. Sometimes it makes people wonder if there is justice anywhere? Can anyone give or make judgement on anyone? Karma happens any which way. The truth is to find out how not to get trapped in the cycle of karma! God bless, keep on writing.Anonymoushttps://www.blogger.com/profile/13997496492472430710noreply@blogger.comtag:blogger.com,1999:blog-6541136381262666757.post-36096612313368981182012-09-28T04:01:27.068-07:002012-09-28T04:01:27.068-07:00Thanks KumarThanks KumarAnupam Patrahttps://www.blogger.com/profile/00179237569294043987noreply@blogger.comtag:blogger.com,1999:blog-6541136381262666757.post-17819788829705028462012-09-28T03:59:19.499-07:002012-09-28T03:59:19.499-07:00No there aren't any that I know of. Just that ...No there aren't any that I know of. Just that the Court has to keep the gravity of the offence and the likelihood of the accused absconding in view, in deciding the quantum, of bail. Anupam Patrahttps://www.blogger.com/profile/00179237569294043987noreply@blogger.comtag:blogger.com,1999:blog-6541136381262666757.post-24469997509723199122012-09-28T03:57:35.578-07:002012-09-28T03:57:35.578-07:00Thanks for reading and sharing your viewpoint Sure...Thanks for reading and sharing your viewpoint Suresh jiAnupam Patrahttps://www.blogger.com/profile/00179237569294043987noreply@blogger.comtag:blogger.com,1999:blog-6541136381262666757.post-79230040796547434842012-09-27T23:45:01.223-07:002012-09-27T23:45:01.223-07:00Very informative and interesting post. People shou...Very informative and interesting post. People should always know this and for those who do not know this is useful.Suhas Naikhttps://www.blogger.com/profile/01187618809053758133noreply@blogger.comtag:blogger.com,1999:blog-6541136381262666757.post-90513765427067825392012-09-27T21:17:55.317-07:002012-09-27T21:17:55.317-07:00Interesting post. Are there any laid down guidelin...Interesting post. Are there any laid down guidelines for fixing the quantum of bail? magiceyehttps://www.blogger.com/profile/17848851692951192508noreply@blogger.comtag:blogger.com,1999:blog-6541136381262666757.post-68789387953616627462012-09-27T20:59:18.713-07:002012-09-27T20:59:18.713-07:00It cannot be denied Anupam that a rich person may ...It cannot be denied Anupam that a rich person may well satisfy all the requirements for granting bail like unlikeliness to abscond as well as being able to provide surety whereas a poor person in the identical circumstances will be unable to do so. But, then, this is only as unfair as the rest of Society - that a poor person will starve while a rich person can make merry etc. and, thus, it is more the Social order rather than Criminal Jurisprudence that is to blame. And, yes, I do take your point that all the rest of the requirements of granting bail kick in only when the court is convinced that the person concerned ought to be granted bail, otherwise.C Sureshhttps://www.blogger.com/profile/07447144019185253116noreply@blogger.comtag:blogger.com,1999:blog-6541136381262666757.post-2457565719096459882012-09-17T20:25:15.358-07:002012-09-17T20:25:15.358-07:00No not at all. Of course money makes it easier to ...No not at all. Of course money makes it easier to furnish the surety. But how are you going to convince the Court to grant you bail in the first place. Since it's only when the Court has granted you bail then the question of furnishing surety comes. Unless your bail application is allowed by Court, no matter how rich you are or how many persons are ready to stand as your surety, it becomes pointless.<br /><br />However I agree that after bail has been granted, an impoverished accused is definitely in a disadvantageous position than a well off accused. Therefore one gets to see many poor persons inside the jail even though their bail applications have long been allowed by Courts, since they are unable to furnish surety. It's unfortunate but that's how it needs to be done otherwise the accused will have no fear of losing anything if he is let off just like that and he shall abscond leaving the victim of his crime remediless. <br /><br />As for the lawyer part. Yes it's necessary. If an accused cannot get a lawyer by any means then the Court will direct one of the designated SDCs (State Defence Counsels) to take up his case, including filing & arguing his bail application.<br /><br />Thanks for reading Jayashree.Anupam Patrahttps://www.blogger.com/profile/00179237569294043987noreply@blogger.comtag:blogger.com,1999:blog-6541136381262666757.post-70805187202756571252012-08-07T22:35:50.058-07:002012-08-07T22:35:50.058-07:00I understand. It's a little complex.
A hit a...I understand. It's a little complex. <br /><br />A hit and run case is usually booked under Section 279, 336, 337 or 338 of IPC and if death has resulted then under Section 304 A of IPC. And unfortunately all these are BAILABLE offences. So a Court cannot impose a high sum as bail amount and thereby indirectly harass a person who is otherwise entitled to be released on bail as a matter of right. Moreover if he is unable to pay the bail amount then he has in any case to be released on his personal bond. So it is pointless to charge a high bail amount in any bailable offence.<br /><br />Thanks for reading.Anupam Patrahttps://www.blogger.com/profile/00179237569294043987noreply@blogger.comtag:blogger.com,1999:blog-6541136381262666757.post-70762229348569967592012-08-07T22:25:24.350-07:002012-08-07T22:25:24.350-07:00Nice and informative post ... Law in our country i...Nice and informative post ... Law in our country is left on so much of interpretations that on certain occasion’s influential people are mending it their way... I still remember that in a high profile hit and run case the accused was released on a bial of a few hundreds only.Amit Singhhttps://www.blogger.com/profile/05631527509261726487noreply@blogger.comtag:blogger.com,1999:blog-6541136381262666757.post-55371234558823522682012-08-07T22:14:57.153-07:002012-08-07T22:14:57.153-07:00No not at all. Of course money makes it easier to ...No not at all. Of course money makes it easier to furnish the surety. But how are you going to convince the Court to grant you bail in the first place. Since it's only when the Court has granted you bail that the question of furnishing surety comes. Unless your bail application is allowed by a Court, no matter how rich you are and how many persons are ready to stand as your surety, it becomes pointless. <br /><br />If the offence is bailable and the accused is a poor person then Police is bound to release him on his own bond / undertaking without any surety or bail amount. But if the offence is non bailable then no such facility is available to any accused be he poor or rich. Since non bailable offences are far more serious offences.<br /><br />You must understand one thing Panchali that though it's unfortunate but that's how it needs to be done otherwise the accused will have no fear of losing anything if he is let off just like that and he shall abscond and no more attend the Court to face his trial leaving the victim of his crime remediless. And we see many vagabonds / impoverished persons committing serious crimes starting from house breaking, robbery, extortion, molestation etc. Now should we leave them without any security / surety just because they are poor. Will they have any fear or regard for law (whatever little is there) after that ? Won't that be an incentive for them to repeat their crimes ?<br /><br />Therefore taking surety / bail amount might just be a necessary evil.Anupam Patrahttps://www.blogger.com/profile/00179237569294043987noreply@blogger.comtag:blogger.com,1999:blog-6541136381262666757.post-71944872380317686332012-08-07T22:00:57.211-07:002012-08-07T22:00:57.211-07:00This is an interesting blog, Anupam. But, I wonder...This is an interesting blog, Anupam. But, I wonder, what happens when a man who has been arrested, what if he doesn't have the money to pay the bail amount !! <br />So, bails are for rich and ugly people only...this is sad!No wonder specimens like Kalmadi thrive in our country..Panchalihttps://www.blogger.com/profile/08832164041967778122noreply@blogger.comtag:blogger.com,1999:blog-6541136381262666757.post-90302446182212243972012-08-07T04:54:39.035-07:002012-08-07T04:54:39.035-07:00thanks anupam.thanks anupam.gunjan kumarhttps://www.blogger.com/profile/16159408068402907816noreply@blogger.com