If you or someone you know gets arrested, securing the bail becomes the priority. That’s why there are qualified bail lawyers in India, available round the clock to offer help and protect the rights of accused. Since the legal system of India is complex, a skilled advocate can help you navigate the procedure efficiently.
In case you are unaware, there are provisions of Bail mentioned under 436-450 of the code of Criminal Procedure, 1973. The concept of bail itself is based on the fact that a person is presumed innocent until proven guilty. It comes into effect once the arrest is made. Although it doesn’t free a person from facing criminal trial, it does offer immediate relief and protects the accused from any harassment or humiliation in public.
Importance of Bail in India Legal System
As mentioned above, bail establishes that an accused is innocent until proven guilty. It plays an important role in upholding constitutional rights and offering a way out of police custody. It becomes easier to get bail if there’s enough proof that the person isn’t a danger to the society.
That’s why it is important to choose the best law firm in delhi who can help you find the best way out of custody. They can help you avoid jail time and any injustice that might happen before conviction.
Types of Bail You Must Know of
When it comes to seeking justice and waiting for the grant of bail from Supreme Court, you should first know about the type of bail options and their meaning.
- Regular Bail
This type of bail is the one filed directly after the arrest by the lawyer. It is granted to individuals kept in police custody after the arrest. Regular bail is also mandatory to ensure that the accused can be present during the trial.
- Interim Bail
While this Bail is not defined specifically in CRPC, Interim bail is usually granted to the accused before the hearing. According to the Supreme Court of India, 2009, interim bail can be granted pending the disposal of bail application. This is because the arrest of a person may cause irreparable loss on request of the lawyer for the bail.
- Anticipatory Bail
Anticipatory Bail from Supreme Court is the type of bail which is granted when there’s only a possibility of arrest. For anticipatory bail, one doesn’t actually need to be arrested to avail for bail. Anticipatory Bail from Supreme Court is more like a pre-arrest bail that is obtained in advance under the Section 438 of CrPC.
Transfer Petition in Supreme Court
Transfer petitions in Supreme Court allow accused to shift their case to a different state for fair trial and higher convenience. Bail lawyers often use this petition to protect the interest of their client. This ensures that the justice is upheld and the court proceedings are performed in the best interest of the parties involved. They are a cornerstone of the bail process and play an important role in ensuring justice prevails.
Bails Special Leave Petition
Bail Special Leave Petition is one of the unique provisions provided by the India Legal System that enables the individuals to approach the Supreme court and counter verdict of lower courts. This is an asset for the bail lawyers who can then challenge any unfavorable outcomes. SLP is one of those provisions that keeps the faith of citizens alive in Indian Judiciary. It gives hope to many that even if justice is delayed, it doesn’t get denied.
Conclusion
Navigating the legal landscape of India can be complex but having someone who is aware of the nuances of bail laws by your side can make a huge difference. A good bail lawyer ensures that an individual’s rights and freedom are protected until the court’s final verdict. They offer expert advice and simplified strategies to help you navigate the court procedures effectively. So, if you are seeking bail for yourself or someone you know, feel free to consult a professional.
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