 On behalf of Beyond Law CLC and legal, legal elites, we welcome Dr. A. Vijay Lakshmi, who's a professor in the Tamil Nadu Doctorate in Bedkar Law University, a school of excellence in law. It's always quite impressive whenever we join hands with the legal, legal elites under the age of Adilakshmi. And whenever the session has been taken up by Dr. A. Vijay Lakshmi, it's always so subtle that everybody can understand, not only the students, but the lawyers also. Since we will be running short of time, though Thirukram has joined with the more we have done in a lot of sessions, I'll straight away ask Dr. A. Vijay Lakshmi to make us understand the concept of pain, how it has evolved, and what are the facets of that. And thank you, ma'am, for accepting our invite, for sharing your knowledge. Thank you. Thank you, sir. Thank you so much. Again, it's a great pleasure in joining with Beyond Law, along with our own favorite, Adilakshmi Ma'am. And this platform is also one of the most interesting and very close to my heart platform, because so that I can connect with people through this platform. And I want to thank, sir, for giving me this opportunity again for meeting you all through this online platform. So as said by sir, so let us get into this session today, what we are going to discuss today is about concept of bail under CRPC. So what are all the basic foundations and what are all the basic things you have to understand about bail, and not only bail, and the prospectus relating to cancellation of bail, bail bond, surities and everything. So with this, let me share my PPT. So will you permit so that I can share my PPT, sir? Yes ma'am, we are longer. So this concept, what we're going to discuss about is only about the bail concept under CRPC alone. But comparatively during the session, I will compare the bail prospect concepts about some other special laws also, when it comes to the procedure aspect. So other than that, it is purely, and it is 100% is going to be with respect to CRPC alone. And that has been allowed, just check it out. Yes, sir. So whether my slide is visible to everyone? It is good, it's very good. Okay, okay, thank you. So as per CRPC, the bail procedure comes from section 436 to 440, and each and every section of under this chapter is a law. It's not simply a provision, it's a law from section 436 to 440 of CRPC. We're going to speak about what is bail, what are the different codes where they are empowered to grant bail, what are all the conditions that the courts may impose while granting bail, what are all the criteria the courts may take into consideration while granting bail, and what are all the grounds for cancellation of bail. So these things comes within this 436 to 440. So what are the basic concepts behind this bail is that our golden principle of presumption of innocent. So when we are presuming every person as innocent, until unless the case has been proved beyond all reasonable doubt, and due to that long-fending investigation process, a person should not, that is a suspected should not languish in prison. And the denial of bail is also to some aspect, it is violative of article 21, personal liberty because unless the case has been proved and the person considered to be an innocent. So bail would be somewhat satisfying the principle of presumption of innocence, which has been granted under article 21 of the constitution. And the denial of bail, the grounds for denial of bail, or the grounds which has been submitted from the state or to the prosecution side is that when bail is granted, there is a possibility of tampering of evidence, there is a possibility of abuse of bail condition, and there is a possibility of person move on to some other place and jumped out of bail. So that is what it has to be handled very carefully by granting or dying bail. And as far as bail is concerned, there was no any unique or standardized definition given by the CRPC. It's only an understanding, it's only the interpretation or the understanding of legal fraternity that bail is a release of a person with some condition. But when it goes to the law lexicon to search about the definition for bail, it says that it is the security for appearance, the person who has to be released during the pendency of the trial. So bail is a temporary release during the course of this or till the completion of trial with some imposition of securities or conditions or somewhat. So with this, what all the thing comes under section 436 to 440 is 430 speaks about bail procedures for bailable evidence. And 437 speaks about bail for non-bailable cases and bail which cannot be or which shall not be directly approached to the high court or as well as the principal session school. And 439 speaks about discretionary powers of high court and the court of session with respect to bail. So this is the thing comes within that. So here it says that bail should cover, bail should not always be granted with or without securities, but it should be come with bail bond. So if you could see whatever the bail release, whatever the bail ordered by the court, it may be from the magistrate court or to the supreme court or high court, they will come with the one thing, bail bond is a mandatory, but surety depending upon the facts and circumstances, gravity and the intensity of the crime, surety may or may not impose. And depending upon the demanding of surety also. So the quality, the quantum of imposing or directing the person going to be released on bail also depends upon the facts and circumstances of the case. You could see that it starts from surety worth 10,000, 25,000, 1 lakh. In some cases it may up to several lakhs also. So if it is a case relating to impersonation or cheating or criminal breach of trust, if the amount or if the quantity or the value of the property involved in the particular case, if it exceeds more than that, then the equivalent amount should be submitted as surety. And as because the discharge of surety will not be a ground for extinguished a bail order. So comparatively, there is no time limit for bail order. So when you have the anticipatory bail, there is a time limit for executing the bail order. But in case of bail, general bail, there is no time limit for bail order. And more particularly, there is no concept of resjudicator in bail. Suppose if you have the first bail application has been dismissed and in the second bail application is going to be filed, the court shall not dismiss a bail on the same ground that it has been already considered. But what they will ask is that, what is the new or what is the change in circumstance? In the first bail application, the investigation may not be completed. In the second bail application, the investigation may be completed. So the first bail application, some report has may not be arrived. In the second bail application, it may it might have been arrived. So resjudicator concept shall not be applicable to bail applications. And there is no limitation of submission of bail. So you can file any number of bail even after the dismissal of the bail application. But the only thing is that we shall not come with the same point which has been considered in the earlier bail. So we have to give what is the change in circumstance compared to the first and the second bail. So then bail mandatory. According to CRPC, under what circumstances bail is mandatory. So not all the time. So the first part we discuss about bailable and non-bailable efforts. Again, there is no definition for the term either bailable or non-bailable, cognisable or non-cognisable efforts. If you check it out, it state that the first schedule of Annexure 1 will be cancelled. Ma'am, you are not changing the slides. So I'm changing the slides. No, it's just the first one only. I'm sorry. Okay. Just then I will stop this sharing and I'll come again. Is it just changing now? No, it's not even coming forward. It's just showing what type of slides you've created. I think you will have to reshare it. Coming here. Is it just changing now? Yes ma'am. Now just try that. Okay, okay. So right now your slide showing is bail under section 436 to 440. Ah, yes. So this one. Is it the conditions of bail? It shows the SC held at the bail cover. Yes, yes, yes, exactly. So then bail is mandatory. So when we discuss about this, the definition or the concept of bailable efforts or not bailable efforts, cognizable efforts or non-cognizable efforts, there is no definition, but it speaks about the annexure and the schedule. So in the schedule you could see at the end of the CRPC, there is a tablet column which has been annexed. In the tablet column it comes with the provision, definition, punishment. The next column is bailable or non-bailable, cognizable, non-cognizable, then tribal by whom. So the offenses which are false under the category of bailable shall be considered as bailable. The offenses which are being shown as non-bailable that shall be considered as non-bailable. But if you come to the special act, then they will give the answer in the offenses itself. Or in the chapter offenses and penalty, the last provision they will state that all the offenses under this act are bailable, sorry, non-bailable or cognizable. So whether it is concordable or non-cognizable, mentioned in that, for example, in NDPS cases it says all are non-bailable and cognizable. For customs act it says some cases are bailable, some cases are non-bailable. They'll give the provisions. But under CRPC the annexure or the schedule is a rescue for us, is a guide for us to decide whether the particular case is bailable or non-bailable. So under the category or under the caption of bailable offenses. So those are all coming under the caption of bail is mandatory. So bailable offenses falls under this bail is mandatory which the provision says procedure says under section 436 of CRPC. So what is this, again the definition between bailable and non-bailable. So it doesn't mean that for non-bailable offense there is no bail at all. And for bailable even the Supreme Court has to or should grant a bail, no that is not the thing. So bailable and non-bailable speaks about the power of releasing a person on bail. If it is an mandatory bail comes under the bailable offenses section 436 gives power to the IO or the police itself to release a person on bail. So it's like a concurrent power of section 436. If any of the accused wants to surrender himself before the police station if the offense falls under the bailable category. He can surrender himself before the police station where the FIR is pending. And by submitting his own bail bond with or without surety the police or the IO is empowered to release the person on bail. In case if I'm apprehending arrest my client is apprehending arrest in the hands of police. Even if he surrendered himself before the police station for bailable offense. Then the person can file an application before the court that is before the magistrate court seeking bail. So this 436 gives you the concurrent power to either approach the police station or the court for seeking bail. So if it is before the police station it gives the police officer in charge of the police station nothing but either the sub inspector of police or the inspector of police to release him on bail. And depending upon that again if the FIR consists more than three charges more than two charges. And if all the charges are bailable category then only section 436 will apply. Out of these three charges if any one charge falls within the non-bailable category police officer shall not release the person on bail. Though one charge is a bailable charge. So then if any condition what are the conditions that can be imposed by the police? So it says that either he may come to the police for signing every day or giving the surety or bail bond is mandatory. It may be by the police or by the court the bail bond is mandatory surety it depends. And the condition is that they should not tamper they should not go and cause any disturbance to the witnesses or evidence. They should not go out of the scene of crime or jurisdiction of the police station. If any default if the condition that has been imposed by the police if it has been default if it has been not properly compiled with the person who has been released on bail then next bail shall not be granted by the police. The person has to approach the court only. So the first bail if it is a bailable offense then the police is empowered to release the bail and impose the condition. And if the condition has not been followed the bail may be cancelled and the second bail application has to be filed only before the court. And bail bond is be there and the surety amount or the bond amount should not go beyond the capacity of the person to submit himself for the bail bond. And surety is in the description of the police either with or without surety. And I will inability to seek bail with the surety within a week could be a ground for presumed that he is indigent. So which means where the person is not in a position to prepare or to arrange any surety or any person or any valuable worthable surety for his condition. So the surety may not be coupled to be given. So section 440 and subsection one and two which empowered the court to release the person even without bail bond. So bail bond is mandatory in all cases but there are some aspect, some circumstances where the court is empowered to release the person even without bail bond also. So the second mandatory bail section is section 167 subclass 2. So this is not comes within the bail chapter. This is in the investigation chapter from section 154 to section 176. Under this section 167 is also a concept which speaks about bail. This is called as a mandatory bail. So section I think 53 and 54 speaks about if a person is arrested he should be produced before the nearest magistrate without delaying and the person should be produced before the magistrate within 24 hours. So under section 167 it says then investigation not completed within 24 hours. So the CRPC gives power to the investigating officer and the police to detain the arrested person in his custody for 24 hours only. If the 24 hours is going to lapse it is his obligation and it is the procedure the person should be produced before the nearest magistrate. So when such a person has been produced before the nearest magistrate here you could see that it says about nearest magistrate not the jurisdictional magistrate as because the person may be arrested in somewhere else from the place of occurrence. So even though the exclusion of time is there for calculating this 24 hours to avoid this delay the code has enumerated has mentioned that before the nearest magistrate. So if the nearest magistrate though he is the jurist whether he's not a jurisdictional person he's not competent person to try the case but 167 gives power to the nearest magistrate or the jurisdictional magistrate to receive the person. So when subsection one says that if the investigation not completed within 24 hours the person should be produced before the nearest magistrate. Subsection two speaks about if such person be produced before the nearest magistrate what is his duty? So subsection one says that if a person produced before him he has to ascertain three mandatory aspect while passing the first custody report custody order or what we are commonly and colloquially stating regarding this remand order. In the first remand order the magistrate who is going to pass the judicial custody order has to ascertain three thing. One is whether the grounds of arrest has been informed whether right to bail has been informed whether right to a legal aid has been informed. By ascertaining this the magistrate has to sorry send the person to judicial custody for 15 days. So the computation of 15 days starts from the date and time of arrest not from the date of occurrence not from the date where he produced before the magistrate. So the 24 hours starts from date of the arrest and 15 days starts from date of the arrest. So and the 15 days starts from date of the production. So for example a person was arrested on 28th and the person was produced before the magistrate on 1st of August. So the 15 days commences from 1st of August. 28th day which means the date of arrest shall be computed for the second class that means one second subclass two. So the magistrate has to send the person for 15 days. If you verify 167 subclass five it speaks about the power of the executive magistrate. So this 167 subclass one speaks about the judicial or metropolitan magistrate. Subsection five speaks about the executive magistrate. Executive magistrate is not empowered to send any person to judicial custody for 15 days. He is empowered to send to judicial custody for seven days only if it is for the purpose of executive magistrate. Now let us come to the subsection one. So 15 days a person can be sent for judicial custody or remand. So the 15th day is going to be elapsed. No charge sheet file which means investigation is still going on. No bail granted by the either session score or by the high court. The person is still in prison. So he should be produced before the magistrate again on the 15th day. So what the magistrate has to do on the production of this 15th day is up section two. So the magistrate can further extend the remand. So it is not an automatic provision where the magistrate will on his own will extend the remand for further 15 days. The IO has to submit a petition for extension of remand by mentioning the reason. Maybe the autopsy report is pending. Maybe the forensic report is pending. Maybe the, still the investigation is pending or the 161 is pending. So he has to mention about the reason and he wants the person to be in the custody. So the magistrate has to extend the remand for further 15 days. So how long this 15 days can be extended? How many slots this 15 days can be extended? Extended is answered in section 167 subclass two. If it is a case which is punishable up to 10 years the magistrate is empowered to extend the remand for how many days. And if the offense is punishable more than 10 years which means like death or imprisonment for life or imprisonment more than 10 years. If those offense, if these kinds of offenses there how long the magistrate is empowered to extend the remand. So if there must not be any final report submitted and the bail has not been granted by any other court then the mandatory bail will come to this. So the granting of bail is as section 167 subclass two but imposing surety or condition shall be the same what the bail chapter says. So if it is an offense which is punishable up to 10 years and if the investigation still continuing and if it is a 60th day it is the limitation time. So on completion of 60th day. So 60th day calculation starts from the data for us. From the data for us the 60th day has to be calculated. Within the 60th day, 60 days a person may not be released on bail. Still the investigation is continuing. Then the magistrate is empowered to release the person on bail provided bail application shall be submitted. The magistrate shall not automatically release the person. So it is a rise and that rise should be comes from the arrested person. So the person has to furnish a bail under section 167 subclass two for release. So under section 161 subclass two there is no restriction or there is no any limitation though the magistrate is not empowered to try the case. Even for a murder case if section 167 subclass two a magistrate can release a person on bail. Again I'm insisting provided star sheet not submitted and no bail grant has been granted. So under these if by ascertaining these two and without giving any notice period to the public prosecutor by ascertaining non submission of a final report and not released by any other court then the magistrate will release a person on bail. And for the offenses punishable more than 10 years the period of limitation for investigation is 90 days. From the data for us within 90 days investigation has to be completed. If still if it is being continuing then the magistrate is empowered to release the person on bail. So under for this under section 167 subclass two the conditions again whatever the condition the magistrate deemed fit for the particular case it can be granted. So for example the person arrested person without knowing that or he was not aware that investigation has been completed or any final report has been submitted. If he files any bail application before the high court if it is a case of murder. So under section 439 and it is the 92nd day or 9050 day or more than 100 days. Still investigation continuing no bail granted. So under his presumption he filed a bail application before the high court. If the court then the court will ask the public prosecutor what is the stage of investigation. If the people says that still investigation going on not had completed and if the person is in prison for more than 90 days it is a description of the court high court either to grant bail under section 439 or direct the petitioner to approach the appropriate forum by filing this bail application which means nothing but section 167 subclass two. Under 167 subclass two he can approach the concerned jurisdiction magistrate court where the FIR has been submitted. And additionally the court may give direction to the magistrate court to consider the bail on the same day. But the release on section 167 subclass two will come very rarely because what the IOs will do means either before the 60th day or 90th day they will submit the final report. But under section 173 subsection 518 they will come with another request for extension of investigation. So just to close the doors of 161 subclass two they will submit the final report and subsec under section 173 under section 173, 3 and 5 they'll come with another request now they got new information there is a new development they want to investigate further they want extension of investigation. So 161 subclass two never bother about whether it is a preliminary investigation report or the initial final report for 161 subclass two there shall not be any report filed under section 173 submission of this final report or Chalan or the Chashi. So this is mandatory bail under section 167 subclass two and 437 this is the bail application filed before other than judicial magistrate court it may be before the CJM or CMM. So here the offenses with the dead sentence or imprisonment for life or offenses more than seven years. And for this they have to follow the procedure for giving notice to the public prosecutor and the public prosecutor has to submit the remarks which has been received from the investigating agency and depends upon the instruction and depends upon the submission of the public prosecutor bail may be granted. And here it is not a mandatory bail 437 is not a mandatory bail. So it is an usual bail application where you have to follow the procedures where you have to file a bail application copy should be given to the public prosecutor two days or three days time shall be given to the public prosecutor to give the information then based on the merit the bail may be granted. And here the person who by granting bail under section 437 the offenses shall not be punishable with the death or imprisonment for life. So which means from three years to seven years. So the jurisdiction of section 437 comes within it may start from a JM court itself JM CJM or MM or CMM. Sometimes it may leads to additional court also. So here the only limitation and only provision which restrict the powers of granting bail is that no bail under section 437 if the bail application consists of an application for an offense punishable with the death sentence or imprisonment for life. And bail to co-accused shall not be a ground for bail. So most of the time our advocates will argue before the court that co-accused has been granted at bail. The quantum is there. The hierarchy is there. A182, A3 and A4. A1 shall not go and state that co-accused of A5 granted bail. But A5 may state that A1 granted bail because the status and the rank depends upon the overt act or the involvement of the accused person in the state defense. So if the primary accused has been granted bail then A3, A4, A5 can quote that or state that but granting bail of A5 shall not be a ground for granting bail for A1. And when it comes to section 439 it speaks about the bail or discretionary powers of a session court or the high court with matters relating to bail. So as per the hierarchical position from 436 and 437 we can as a time offenses punishable more than 10 years and up to that sentence, bail application shall be submitted only before either the session's court or the high court. So here if you could look into the provision of section 439 so it doesn't say is that session's court or high court. It says session's court and high court or high court under court of session. So it's the liberty of the person to file a bail application before the high court directly but practically what we will suggest is that let us exhaust the remedy one by one. If any bail application dismissed by the court of session then we can move to the high court may on the same grounds but without approaching the session's court directly approaching the high court if the bail application is dismissed then we have to wait for the second bail application for change in circumstance and you cannot come back to session's court for filing the bail application. So exhausting the remedy in the lawyer forum then approaching the higher forum is advisable with respect to this 439. And there are some which is these provisional these procedure has not been mentioned in the provision in section 439 but some practical procedures are there. So second bail application has to be filed before the same judge who dismissed the first bail application and bail applications for offenses under prohibition act. Though it is a concurrent possibly you have to approach the session's court. And the third one though there is no time gap or there is no limitation of time for going for the second bail application you shall not submit the bail application immediately the second day the next day of the dismissal of the first bail application. So the second bail application should be granted before the same judge who dismissed the bail application has been enshrined in this particular case law. So why in the sense the judge or the presiding officer who dismissed the earlier bail application has akin to the facts and circumstances. And the second bail application should come along with the first bail application. If it is being suppressed if the second bail application suppressing the fact about the filing of filed the first bail application and its dismissal is the ground for dismissal of the second bail application. So simply for the convenience of filing the bail application before the portfolio judge who is sitting now will put to a trouble. So we should not suppress the fact about the earlier bail application. But any bail application dismissed by the lower court shall not be a grounds to be mentioned here. But any bail application filed as a dismissed by the high court has to be mentioned. And what are all the conditions that may be imposed by the court for granting bail while granting bail to any person? So the person shall attend the condition of bail bond. He has to submit a bail bond. So bail bond is nothing but an undertaking or an assurance given by the person going to be released about his good behavior during the release of bail. So I shall not indulge in any activity or the same activity. I will not go and tamper the evidence. I will not go and cause any disturbance to any evidence. And I will not flee away from the country. So sometimes you could see that the court will impose condition to surrender the passport. Sometimes the court will impose condition to submit the property document if it is an misappropriation or forgery or cheating. Sometimes the court may impose condition to stay away from the place of occurrence to avoid the person to tamper evidence. Sometimes the court may impose condition some other jurisdictional police station within the same place. So usually generally the condition may be submitting the bond and he should not commit any offense. He should cooperate the investigation properly. He should not directly or indirectly go and make any threat or cohesion or any misrepresentation or false promise with any of the evidences. And the nature of the gravity in some offenses, they may ask to stay if the offense has been committed in one place, in place A. The court may ask the person to stay in place B. And from there he has to appear before the jurisdiction sometimes he may give the jurisdiction police station and there he has to comply the condition. So depending upon the fact of the gravity of the case the court may impose the condition. And while granting bail under section 439 the offenses shall be punishable with a dead sentence or imprisonment for life. So whatever I told you that it has to be first approach the session's court and then comes to the high court. And no entry bail should be granted. Sometimes the court may, the parties or the advocates may request the court for no arrest till date. No arrest, so till this particular thing. So this is interim bail. So interim bail is not a matter of right or interim bail shall not be granted. So it has been given in this state of UP versus at the government. But depends upon the case. Sometimes if it is possible to argue in the court the bail hearing itself that it is a false or false case or it is a very any other emergency that has to be conducted by the accused. So he presents his mandatory or he has been implicated with an ulterior motive if it has been justified. And if the council convince the court with a discretion some courts are granting the interim bail. But other than that no interim bail shall be granted. And section 438 speaks about the anticipatory bail. But the provision doesn't speak as an anticipatory bail. The name of the section is not anticipatory bail. The name of the section is again, power of the high court and court of sessions in granting bail. So anticipatory bail means seeking bail before committing an offense. It is not such a thing. Or it is not an advanced bail for granting sorry for collecting some offense. So for anticipatory bail the major, the primary thing is that you have to justify or satisfy the court that the party or the petitioner is apprehending arrest from the hands of the police. That is the first thing. Sometime you may not aware about the police station. You may not aware about the crime number. According to your presumption and assumption you may give the respondents detail. But the PP will come up with an instruction no complaint pending or filed against the petitioner in so-and-so police station. No complaint has been filed. But still you are apprehending arrest. The police station may ask you to come for any inquiry or the police officer is asking to come for an investigation. But without any complaint submitted by the any complainant. So if you inform the court that no your lordship, I'm being called by the police for an interrogation. My client has been called for the investigation. The petitioner here in hand has been called for the police for any inquiry. So if you are giving satisfaction sometimes even without crime number or information about the police station and depending upon your assumption AB may be granted. But the mandatory thing while filing anticipatory bail is that you have to give the correct police station and the crime number. Crime number may or may not know. But police station must be there. And you have to give what are all the possible offense that has been filed against you by the de facto complainant. And this anticipatory bail is a bail to be granted or to be executed at the time of release. You could see the prayer. The prayer in the bail is that in the above circumstances spread before this honorable court to enlarge the petitioner on bail in crime number. So also pending before the respondent police and pass such other orders and the surrender justice. So this may be the prayer for the bail application. But for the anticipatory bail application the prayer may be in the above circumstances it is spread before this honorable court to release a person on bail on the event of his arrest. So this anticipatory bail is that if any arrest is there if you show the anticipatory bail if you executed the anticipatory bail arrest shall not be made. And this provision is a protection for any false complaint or any malicious prosecution or any false case arrest or false arrest or false case. So it is at the event of arrest. And there is a time limit for executing the anticipatory bail. So usually from the date of order within 15 days the anticipatory bail should be executed. So which means you have to submit appropriate surety before the court and it has to be executed. If the time is lost again you have to come for extension of time for executing the anticipatory bail. And in order to file the another bail application you can come with an application for extension of time for execution of anticipatory bail. And sometimes they will seek modification in the surety also. The surety is too high for that case. You can ask for the modification of surety also. So what are all the things that can be considered while granting anticipatory bail is that nature and gravity of offense. For very rarely you can get anticipatory bail in murder case or the case punishable with a life imprisonment or that sentence. So then antecedents, what are the previous history? What are the previous conduct of this person standing before him and asking seeking anticipatory bail? And what about his influential perspective? Whether he is a person who easily go and tamper the evidence or who easily go and cause any injustice or he may move out of the place of occurrence or country then anticipatory bail may not be granted. So whether the accusation here regarding this anticipatory bail made with the view to injuring or humiliating the applicant. So if any complaint made against the petitioner who made this anticipatory bail, the complaint should not consist anything against the humiliating factor. There are some special laws. Though it is like an open box category that for any offense anticipatory bail may be grant, may be seek. There are some provisions. There are some special acts are there. There they says that anticipatory bail is not permissible, shall not be released on anticipatory bail. And the condition as usual, he should be follow the condition imposed by the court and the police should not go and tamper the evidence will support or to cooperate the investigation and to furnish bail bond and surety. And should be entertained rather of an unusual and interested only for the higher judicial because this anticipatory bail provision is available only to the sessions court and to the high court not to the JM court or any other court. So it is being given to the apex body of the state for granting this anticipatory bail. And place of residence or the occurrence may not fix as a jurisdiction. But here the anticipatory bail is big place where the police station jurisdiction comes is the jurisdiction for filing the anticipatory bail. So again, it is a concurrent jurisdiction. It is always advisable to approach the sessions court then come to the high court. It is not, there is no any standard or there's no any hard and fast rule in submitting or in making grounds for submitting this anticipatory bail. And if any anticipatory bail has been dismissed by the court of sessions, the bail application for anticipatory bail can be made before the high court immediately on the same grounds. As because it is not the court where dismissed and you design a second bail application before the sessions court. According to the high court, it is a fresh anticipatory bail application. So you can come up with the same grounds which has been dismissed by the sessions court before the high court also. And within 15 days it has to be executed. And even with the, as I told you without the crime number also for, without crime number also you can submit the bail application. But it is not an, it's not just like a guarantee to go and commit some offence. By getting anticipatory bail I can go and commit an offence. That is not anticipatory bail. There must be possibly some complaint may or complaint has been preferred against the applicant for seeking this anticipatory bail. And there are some limitations where anticipatory bail shall not be granted. So far as I told you death sentence and imprisonment for life very rarely anticipatory bail may be granted. So they shall not be granted immediately. So and the offenses which involve the offenses which has been given by the petition and his petition shall not be the offense which directly impacted the socioeconomic condition and the integrity or interest of the society. So if those offenses has been involved anticipatory bail shall not be granted. And anticipatory bail though it is for a simple offense APP or sorry, PP should be given instruction for getting the information from the investigating agency. And anticipatory bail is another version. Not all the time anticipatory bail can be asked for, seek for the offenses committed or any complaint has been preferred. Anticipatory bail is also a platform to withdraw or to cancel the non-ailable warrant issued by the magistrate court. So if any NBW issued by any magistrate court under section 70 of CRPC, the warrant can be recalled by two aspects. One is surrendered before the court where the NBW has been issued and to recall. And the second one is filing an anticipatory bail. So by filing an anticipatory bail and getting a bail it has to be surrendered before the magistrate court and to recall. So recalling of NBW can be done through anticipatory bail also. And any summons has been issued by any court or any notice issued by any court during the course of trial maybe due to 311 procedure or 91 CRPC procedure. If any notice has been issued that can also be a ground for anticipatory bail. If there is any change in a modification in the charge that can be also a ground for anticipatory bail. And in SCST prevention of atrocities act it is deliberately stated that no anticipatory bail. And this prevention of anticipatory bail for this SCST act it is not violative of article 2421 of the constitution has been interested in state of MP versus Ram Prishnabaldia's case. So in this case it has been challenged it is violative of article 4121. The court state that it is a case which is affecting the interests of society and the integrity. So the permission of no anticipatory bail for this SCST prevention of atrocities act is not a violative article 21 and article 14. And recently POXO cases also most of the court are taking very strong hold that no anticipatory bail for offenses under the POXO cases. And no anticipatory bail for this NDPS case and as well as the Prohibition Act. So Prohibition Act is that this illicit act, manufacture, process, transport, selling, possession. So for those act there is no anticipatory bail. And as well as the NDPS case also no anticipatory bail. And the next one is regarding cancellation. Under what circumstances the bail can be canceled? And who can ask for cancellation of bail? Cancellation of bail should be submitted by the investigating agency through the prosecutor. So the state only filed the petition for cancellation of bail. So what are all the grounds that can be taken into consideration while any cancellation of bail has been submitted? The first and foremost thing is that the person who has been released on bail committed the offense or committed the same offense either who is any trial is pending or any conviction has been passed. So second time he is convicted of offense which means he's consecutively committing the offense means no anticipatory bail shall be granted. And if he intentionally or with the intention to cause destruction towards the witnesses, if it is been proved no anticipatory bail will be granted. And if any threat or cohesion on his side no anticipatory bail will be granted. And if he moves out of the country if any for collectively we can take it in such a way that if any bail condition has been tampered with has not been followed then anticipatory bail shall not be granted. And if the, which means the AB will be canceled and while for going for the investigation or interrogation if he causes any disturbance to the police or if he obstruct the police power then AB shall be granted. And sometimes the de facto complainant with the leave of the court can file this cancellation of anticipatory bail. And here it is not a procedure that the presiding officer who granted the bail has to cancel the bail. So that is not the yardstick over here. It is only for the second bail application where the second judge the second bail application should be heard by the first judge who dismiss the bail application. But that is not the condition for cancellation. It can be done by any judge who is a portfolio judge of the court. It can be dismissed the bail application. And the next bail application which again not falls within the category of bail chatter is section 389 and section 390. So this is called as suspension of sentence. So it is not bail. So bail means before conviction it is bail. After conviction it is suspension of sentence. So the petitioner, here it is a petition for the candidate person. The candidate person requesting the court to suspend his sentence till the disposal of the appeal. So here two aspect read come. For example, today is the judgment day fixed by the presiding officer by the session score. Today they are going to pronounce the judgment or order. So I'm already come to the conclusion the case is going to end in conviction. So the council is ready with the suspension of sentence petition on the date of this passing judgment without filling the imprisonment, the sentence portion, the sentence. Once it is been pronounced either on the same day or the next day, he will file the suspension of sentence petition before the court where the sentence has been passed after paying any payment of fine has been imposed. So any fine is imposed, it has to be paid and the receipt has to be annexed and it has to be submitted before the council trial court itself. In such case the trial court may suspend the sentence till the appeal is filed. Because once appeal is filed this suspension will be lapsed. So the sentence will be suspended till the appeal is filed. So usually regarding this execution of sentence the sentence will start to run from the date of order itself. On the same day itself that's what on the date of order both the party should present before the court on the date of pronouncement of judgment. Sometimes the court may cancel the bail also as the person to come to the court. So in such circumstances, if the person if the accused is present if the case ended in conviction immediately the court will hand over the accused person to the IO and in turn IO will get the warrant from the court and he will produce the person before the consent present. To avoid this the suspension of sentence may be submitted before the same trial court. So the trial court is empowered to suspend the sentence till the time of appeal. While filing appeal petition you have to go along with the suspension of sentence petition also. Criminal appeal along with the criminal miscellaneous petition criminal MP. So first appeal has to be get numbered then only MP will come. So while submitting the appeal petition criminal MP in criminal appeal. So the prayer in this appeal the suspension of sentence petition in the apparent court is that suspending the sentence till the disposal of the appeal. If the appeal is disposed with reverse in judgment reverse the sentence passed by the trial court or any modification then automatically the suspension of sentence will lapse its value. If it is confirmed the execution of bail bond will be cancelled and he will be taken back again. So the suspension of sentence application if it has been filed before the high court the criteria is that at least one third of the sentence should have been punished by the appellate. If it is more than 10 years if it is less than 10 years the same data filing application by getting the instruction from the primary prosecutor the sentence may be suspended. But if it is more than 10 years the criteria is that he should have been one third of sentence sold by the appellate in the prison. Then only the application will be considered. So the factors that has been considered by the appellate judge or the appellate court while granting the suspension of sentence is that whether the grounds of appeal involves question of law on the prime of AC of the charges. Because that is our grounds of appeal. There was an error in consideration there was a non-concentration of a point not properly appreciated by the court. So when that there is a prime of AC regarding the charge while granting while sanctioning the conviction whether there is a likelihood of unreasonable delay in disposal of appeal. So after two years of serving sentence after three years of serving sentence if it comes for that and if there is a possibility of the appeal made coming come for final hearing after a long time then the suspension sentence may be considered. So the suspension of sentence should be done only when appeal is filed. It shall not come as an individual petition. It has to come with the criminal appeal petition. So criminal MP in criminal appeal then only it cannot file as a MP directly before the high court or before the sessions court. So any appeal for acutal under section 378 of the CRPC has been filed. Then it should be come with the leave, special leave warrant against the arisen person, acutate. So for example, the trial court acuted the person the accused in that particular case. And against the acutal the state has been for appeal against acutal. And if the appeal has been taken into notice it has been admitted means then the appellate court will cancel the bail bond submitted by the accused in the trial court and he was arrested again then he has to submit the suspension of sentence petition or then he has to submit the bail application under section 390 of the CRPC. So 389 is based on the appeal against conviction and 390 is based on the appeal against acutal. And as for section 389 and 390 it is the power of the either sessions court or the high court that where not other court is empowered to suspend the sentence under section 381 and 390. So Supreme Court is not a court of appeal. So section 389 and 390 shall not lie before the Supreme Court. So you cannot ask for suspension of sentence before the Supreme Court as because it is not a court of appeal. So suspension of sentence happened only before the court of session and as well as the high court and it has to come along with the appeal petition. And if any fine has been imposed that should have been paid by the trial court before the trial court itself. And if it is more than 10 years of imprisonment minimum one court of sentence should have been served by the person who has filed this application. And cancellation of bail these are again for this suspension sentence on overall for not properly following the condition imposed while granting bail. And 229 year of IPC speaks about offenses which are being tampering this evidence again committing the same offense coming under the offense punishable under section 229 year of IPC and the section 439 which means bail granted by sessions court and high court. So they are the cancellation of bail should be submitted only before the high court or the court of session. And if any bail has been canceled he'll be arrested again. He'll be sent back to the prison. He has to serve the he may be an adult person or he may be the remand person. So Supreme Court also canceled bail provided if the bail is granted by the high court. So bail granted by the sessions court cannot be canceled by the Supreme Court. It is only done by the high court. So any bail granted by the high court can be canceled by the Supreme Court. So these are the provisions coming under this cancellation of bail. So these are all the aspects. Yes, I will share this PPD with sir. Sir will share with everyone. So these are all the applications or these are all the provisions or procedures where when you are going through this bail it may be bail or anticipated bail or it may be the suspension of sentence or it may be the mandatory bail comes under the CRPC. And there are other special laws are there. For example, journal justice act. There it speaks about the bail where bail can be granted by the special journal police unit itself. So there they are itself they can release a person on bail. So you need to approach the court for bail application. And for NDPS bail can be filed before the special court that is NDPS court only we can file the bail application. And for that another bail up for example, if it is a domestic violence act or a post or it may be any special act relating to women and children and children court or this Bahilla court would be the court where you can file the bail application. So some special laws will come with the provisions of bail procedure for bail then the special law should follow. Customs act that Customs act will have its own bail procedure where you have to file the bail applications. So CRPC is a general law where the any special law doesn't have any procedure for bail application that CRPC will come to your help. So with this from every day from day to day several jurisprudence are coming regarding to granting of bail or any cancellation of bail. So again, it depends upon the fact and circumstance of case you cannot apply the same judgment for another case unless the fact is something same or something different. So with this bail and the judgment should be taken into consideration. So now we can go for any question. Just checking it out. Yes, I will share the PPT, no issues. This is a bail petition can be filed right after the accused is arrested in a on bailable offense irrespective whether I think he's just highlighting. Yes, under what circumstances honorable judge magistrate refutes the bail application. So that's what I told you, right? While depending upon the information given with the public prosecutor if the investigation is still pending or the person is more influential or he is an hysterical already he has been involved in such a nature of crime or he is a person who can easily go and tamper the evidence and the polices find it difficult for conducting investigation and his involvement in the case overtaxed and the involvement in the case are to be taken into consideration while granting bail by or refusing bail by the person. When we file bail petition for a person who committed the offense of double murder. So there is no question of either single murder or double murder. So three or two, two count. So it may be one or two. It is only before either the sessions court or the high court where offense is punishable more than 10 years or imprisonment for life and for submitting bail application there is no limitation. Even you can file bail application immediately after the arrest but granting bail only depends upon the circumstance. So the law never says that for a murder murder offense you have to file the bail application after three months or six months or one year. Even immediately arrest you want the liberty to file the bail application. So that is not the thing where you can go for this double or triple. The bail petition can be filed right after the accused is arrested in an unavailable case irrespective of whether it is a single or double murder. Yes, that's what I'm telling you. So single or double or triple is about the question of investigation but being the petitioner you are having the right to move bail application. It is your right to move bail application. Then if you have gotten bail and the offense is compound double and I reach to a settlement with the complainant but the opposite lawyer says I have reached the bail by indulging the party. So you have to be careful whether if it is a compounding offense avoid moving bail, try section 320 of CRPC. If 320 of CRPC failed, then you can go for a bail because if 320 is applicable if you're coming for 320 negotiating settlement of case between yourself definitely there's a loss for the advocate. He's going to lose something he's not going to get the case. So in such a case, what I would say if there is a chance where there is a compound double offense now first try that scope try to compound your offense if it is compound but need not to go for bail itself you can very, very close the case and come out. If the compounding of offense is not to work out if the negotiation settlement is not to work out then settlement is not to work out then you come for the bail but compounding and going for negotiation the PP may says it is and you are going and tampering the evidence but you can show the authority to show the proof that it is only the 320 procedure, not about tampering of evidence. I'll just go one by one. In anticipatory bail sometimes the police is not interested in arresting you but I always apply for anticipatory bail the police is called and now he will be inclined to arrest how will you predict when I should apply for anticipatory bail and when I should not? There is no time for life of an anticipatory bail. There is a time for executing anticipatory bail. Once the anticipatory bail is granted it will travel till the arrest will be made. So it doesn't mean unless otherwise the police change the crime number. The police tries to arrest you for some other case but anticipatory bail what has been granted for your client for this particular crime number of a particular jurisdiction police station there is no limitation how long it will prevail. It will prevail till that's what the prayer says that at the event of arrest. It may happen anytime that time you can show the anticipatory bail. Then how many days we can get bail in ACST prevention of atrocities case. So in ACST prevention of atrocities case it depends upon again it's a description of the processions court and as well as the high court but here regarding the ACST prevention of atrocities act again it involves what was the offense committed under the act itself. Because under the act itself it gives the gravity. There is a hierarchical status of gravity of offense. Some it depends upon the court sometimes even one month they may grant this bail. Sometimes depending upon the stage of investigation the court may grant anticipatory bail. There are some cases even after one year the court may not grant anticipatory bail but in some cases within 10 days they may grant anticipatory bail. It depends upon the intensity of the case where you can go for this anticipatory bail. ACST. The questions which are in general I think we shouldn't take them. Yes, yes, yes I'll just move on. In a sense personal question as well as the why court is doing, why the court is not following. That cannot be answered myself because it is the presiding officer's now. And it is all case to case business. Yes, my court was some like on prevention of money laundering act, bail petition and AB before taking into it. Yes, this is something relating to that procedure bail and anticipatory bail regarding this prevention of money laundering act. You have the liberty because this involves the executive power, executive agency other than that law and order police it is an enforcement department. And depending upon the powers given to the enforcement department where and when I can go for bail once the arrest has been made according to the procedure any arrest information has been informed then you can go for this bail. Other than that you cannot seek that anticipatory bail unless otherwise you have to have this AB shall not just like that apply for this PMLA cases that is not possible in anticipatory bail because you have to very clear about the agency before where the opposition is because they will come that it is a confidential matter where ED may come, when or where ED may come. So that is not possible bail norms. Okay, 41A even after issuing 41A can we apply for this? That's all, that is the question of 41A. 41A gives power to the police where the offense is punishable with the seven years. And if any notice has been issued for you to come and appear before the police station if you appear before the police station then arrest shall not happen. If you are not obliged the petition you are a client haven't obliged the petition definitely you can go for either anticipatory bail or if anything has been arrested has been made you can go for bail. 41A is also a ground for anticipatory bail. That's why I told you any summons or notice issued by police that is a ground for anticipatory bail. But what they will do what the people will thought that instead of giving fees to a advocate let us go and surrender and we can avoid the arrest procedurally, technically speaking. And in most of the cases either the court refuses the bail or PPE is against for bail why is that happening because of year? No, not like that. Never, it's purely on merit. It depends upon the year, that is the thing. And bail procedure in the section 498 ACRPC whether the accused is arrested before applying for bail. With the accused arrested before applying for bail then bail only come. Anticipatory bail will be helpful to you to prevent the arrest. If the arrest has happened then you have to go for normal bail. And I'm not talking about this NIA sorry I'm not getting into this NIA. Thank you. Because the things that. And thank you so much. I will share the PPT with sir. You can share with your. We will share it on the website. Okay, sure. Thank you so much for your patience. The two on a Sunday everyone has been gathered and it gives me immense pleasure again to meeting you all in this platform. And thank you for all for your attention. Thank you so much for yourself for inviting me on Sunday. Thank you. And share something. Thank you sir. Thank you to Avila Chumayam who has helped us to connect.