When an individual accused of against the law is arrested, his statement is recorded and knowledge such as the name, residence address, birthplace, charges filed are noted. The police officer may examine back the criminal document if any in the police station and ask for fingerprints to file a case towards the accused. Under the Code of Criminal Procedure 1973 , offences have been classified as “bailable” and “non-bailable” offences. In the case of bailable offences, if the accused produces correct surety, and fulfils other circumstances, it’s binding upon the Investigating officer to grant bail. However, in case of a non-bailable offence, the police can’t grant bail; it can only be granted by a Judicial Magistrate/Judge. The Investigating Officer should produce the accused earlier than the Judicial Magistrate/Judge involved inside 24 hours of his arrest. At that time, the accused has a right to use for bail.
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Depending on the severity of the crime, the defendant’s felony history, and their flight risk, a judge will determine how much money might want to held by the courtroom so as to permit a launch from jail whereas awaiting trial. This cash is held by the courtroom till a ultimate verdict within the case is set. At this time bail is refunded to the defendant. Typically this can be a very massive amount of cash that the majority defendants cannot afford.
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In most conditions, you could not keep in jail till your court date. … Read More
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