Criminal Lawyer Gives Advice on How to Post Bail

How Can We Define a Bail?

Bail is a term used to refer to and indicate a specific set and collection of pre-trial restrictions. It gets imposed on a case’s suspect or defendant. Fundamentally, the constraints help ensure that the accused would not hamper or damage the judicial process in any manner or way.

In layman’s terms, bail signifies the conditional release a defendant receives that frees them from lockup or jail. They can get it in exchange for a specific amount of money. On top of that, it comes with the promise that the accused would appear in court whenever summoned.

A bail from Supreme Court does not indicate that the defendant has gotten proven innocent. Thus, they must show up in court during their proceedings for the bail to stay operational.

Generally, you can get one of three bail types. They include interim, regular, and anticipatory bail from Supreme Court. The case specifications, the court’s judgment, and the defendant’s circumstances would determine which one would get granted.

How Can a Defendant Apply for Bail?

An accused gets taken to lockup after they get arrested. During this period, the law allows them to seek the guidance and help of the best bail lawyers they can hire and apply for bail.

Conventionally, the bail applications differ for the bailable and non-bailable offenses in the following manner:

• Bailable Offense

In a bailable offense, the accused receives the right of a bail grant. They can get it from the court under which their alleged crime’s jurisdiction falls. Otherwise, the police officer under whom the suspect’s custody remains can also grant it. Hence, the defendant can get released on bail or by carrying out a bail bond.

The defendant needs to fill out Form 45 of the Second Schedule to get their bail. They must submit it to the relevant court of law where their case remains under management.

• Non-Bailable Offense

In a non-bailable offense, the bail grant is not the accused’s right. Instead, they must seek and get the court’s permission. If the latter discerns it possible, depending on the facts and evidence of the case, they grant the bail.

However, the bail would get refused if the scale of the alleged crime is severe and equivalent to punishment by life imprisonment or the death penalty. Besides that, the scenario applies if the defendant attempts to fake or hide their identity or self from law enforcers.

The accused has to fill out Form 45 and follow similar steps to get their bail. However, the grant remains entirely at the court’s discretion in this case.

How Does the Bail Amount Get Decided?

Typically, the court decides the bail the defendant needs to pay. Nevertheless, specific case types have particular amounts determined beforehand. They get set according to practice and convention.

For instance, bail associated with robbery cases would have an already-set standard amount. The same happens when an individual needs to receive a bails special leave petition or a transfer petition in Supreme Court.

Nevertheless, the bail may vary with the severity of the offense and damage to human life and property. However, the amount is never so high that the defendant would remain unable to pay it under any circumstance.

What are the Methods to Post Bail?

The acceptable and appropriate methods to post bail differ from jurisdiction to jurisdiction. Nonetheless, a defendant can opt for the conventional ways that entail:

• Paying the entire sum of the bail amount
• Hiring a bail bond company to apply for and post bail
• Providing the court with real estate or property as a security interest

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Created on Sep 9th 2022 01:36. Viewed 157 times.

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