Procedure for Seeking Bail in a Bailable Offence

Process

Bailable offences are of less serious nature and are mostly non-cognizable offences. An accused /Arrested person can seek bail as a matter of right in case of bailable offences.

In case of bailable offences, often the proceedings are set in motion by way of a Private Complaint Report (PCR) before the magistrate in the Magistrate Court. However, it is not mandatary to file a PCR. A complaint can also be filed before the jurisdictional Police. However, the Police do not have powers to arrest or investigate into the complaint. The Police will have to refer such complaints to the Magistrate who, if they deem fit, shall order the Police to file an FIR and investigate into the Complaint.

When a PCR is filed

When a Private Complaint report is presented before the magistrate by the complainant, the magistrate shall enquire and reach a conclusion as to whether there is prima facie likelihood of an offence. When the magistrate believes that there is a prima facie case, he will direct the police to register an FIR (First Information Report) and will order for investigation into the complaint.

The police will then investigate by collecting relevant material or evidence and by examining the persons related to the complaint. When the investigation is completed, the police shall either file a charge sheet or a B report or a C report which shall be filed before the magistrate. If a charge sheet has been filed, then the magistrate may take cognizance of the offence or reject the charge sheet. In case the Magistrate takes cognizance of the offence, the Magistrate will order for summons to be issued for the accused to appear before the magistrate.

Procedure followed in Court when summons is issued by the Magistrate

After receipt of summons by the accused, he/she will have to appear before the court on the date mentioned in the summons along with an advocate who shall file vakalath and bail application.

Bail Application along with Surety Affidavit – The Advocate for the Accused files bail application along with a personal bond for an amount as decided by the court as surety amount.

OR

If the accused is accompanied by a family member or a friend, the said person can act as a surety. In such a case, the surety application will have to be filed along with any of the documents as mentioned below.

Order on bail application – Since bail is a matter of right in the case of bailable offences, the court will grant bail immediately upon the satisfaction of the required formalities.

To sign the bail bond in the Court registry – Once bail is granted, the Accused along with his Surety shall sign the bail bond in the registry or in case of a personal bond/cash surety, deposit the surety amount and sign the bond. However, if the Magistrate insists, the said procedure may be done before the Magistrate and not the Registry.

In case the accused has knowledge that an FIR has been filed, the matter may be advanced from the future date and the above procedure can be followed to seek bail.

Procedure to seek bail before the police.

When a complaint is made before the police, the police shall refer the Complaintto the Magistrate. Subsequently, the Magistrate orders the Police to register an FIR and investigate into the complaint. When the police calls the accused for the purpose of investigation, the accused shall sign a personal bond executed by the Police, since the Police have the powers to grant bail in a bailable offence. The accused also has the option to sign a surety bond, the details of which are explained below. Upon the completion of the required formalities, bail is granted by the police.

Who can be a Surety and what are the documents to be filed by the Surety 

Any person become a surety, who possess some movable and immovable property in his/her name. i.e. Vehicle Papers, House, Property, FDs along with Government ID card. Voter ID or Aadhar card

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Notes

Generally, the customary practice is that the Police will call both the parties and try to resolve the matter in the police station itself. This is some sort of a dispute resolution to settle the case. However, this is not mentioned in the Statue.

To apply for bail before the summons is issued, it is important for the Accused to find out the Crime No. or the PCR No. and the Court before whose jurisdiction the crime no. or PCR is listed along with the next date of hearing and thereafter file an advancement application before the Magistrate on any date before the next date of hearing and get the matter listed before the Magistrate in order to seek for bail.

B report means a report which indicates that the Complaint filed is false or no such crime has taken place or which states that the Police do not find have enough material to prove that such a crime has been taken place.

C report means a report which indicates that the Accused named in the FIR has not committed the offence.

The Indian Penal Code has categorized each crime as either a bailable or a non-bailable offence