Aditi Ashok Joshi, B.A., B.S.L.LLB (Pursuing) in N. S. Soti Law College Sangli
ABSTRACT
The accused is presumed to be innocent till the guilt is proved beyond reasonable doubt. The arrest is made to secure the presence of accused when his appearance required to be made before the court. If the accused sent to jail before guilt is proved he is subjected to psychological and physical deprivation. Hence supreme court also held that ‘Bail is a rule and jail is an exception'. various provisions relating to bail also given in code of criminal procedure 1973. To secure this right supreme court explain in case Gama v. State of U.P.1that bail may be applied for even after its rejection by the court in the first or subsequent instances. There is no provision of constructive res judicata in dealing with such applications. In this case bail is a right of accused. But if the offence for which accused may be punished is of grave and non bailable, the accused may tamper witnesses in this case it is in discretion of court to give bail or not. There are also special powers to high court and session court regarding bail. Bail may also be given to a person apprehending arrest. This paper also discusses about default bail and release of accused on bail when appeal is pending. After the first application has been rejected, the subsequent application should be placed before the same judge who has passed order earlier.
Keywords: Constructive Res Judicata, bail, appearance, innocent.
コメント