- Under section 437 of Crpc, a person accused of, or suspected of, the commission of any non bailable offence is arrested or detained without warranty be an officer in charge of a police station or appears or is brought before a court other than the High Court or Court of Sessions, he may be released on bail.
- Under section 437, a police officer can release an accused on bail in non-bailable case.
- Person was arrested for non bailable offence but court thinks offence is bailable, the person shall be released on bail. (Sec 437(2))
- As per section 437(3), the court can impose conditions on bail.
- Court releases on bail under section 437(1) or (2) or under section 167(2), the cancellation of such bail under section 437(5).
- Section 437A provides that before conclusion of trial and before disposal of the appeal, the court trying the offence shall require the accused to execute bail bonds with sureties.
- On the application made him person apprehending arrest on an accusation of having committed a non-bailable offence, the High court or the Court of Sessions may under section 438 Crpc, give the direction that in the event of such arrest he shall be released in bail.
- In Gurubax Singh vs State of Punjab, the court held that Anticipatory Bail can be for limited or unlimited period.
- In Salauddin vs State of Maharashtra, Supreme Court held that anticipatory bail should be granted only for a longer period.
- D K Ganesh Babu Vs. P T Manekaran is a case relating to anticipatory bail.
- Under section 438, the court can issue an interim order for the grant of anticipatory bail. Upon such interim order, public prosecutor shall be given an opportunity of being heard.
- Under section 439(1), the High Court or the Court of Sessions can grant bail.
- Under section 439(2) of Crpc jurisdiction to cancel the bail vests with the Court of Session and the High Court.
- High Court or Court of Sessions under section 439 of Crpc, can set aside or modify the conditions imposed by a Magistrate when granting bail.
- In Ram Babu Tiwari bs State of M P, it was held that if the bail has been granted by Court upon some illogical, irrelevant, irregular and absurd considerations then the bail may be cancelled on that ground.
- In Rajesh Ranjan @ Pappu Yadav vs Kalyan Chandra Sarkar, it was held that the accused has the right to file bail application in successive manner. But once a bail application has been rejected then the next bail application should be based upon some new and different facts.
- Rejection of bail is at pre-bail stage whereas cancellation of bail is at post-bail stage.
- If unnecessary amount is imposed in the bail bond, then it can be removed or modified under section 440 by the High Court or Court of Session.
- Section 441 says that before any person is released on bail, a bond for such sum as the police officer or court thinks sufficient shall be executed by such person and surety.
- Such surety, under section 441, shall continue to attend until otherwise directed by the police officer or Court.
- Section 441 says that the Surety must give a declaration as to the number of persons to whom he has stood surety.
- Under section 442, as spins as the bond has been executed, the person for whose appearance it has been executed shall be released.
- Section 443 provides that if insufficient surgeries have been accepted, the court may issue a warrant of arrest directing that the person released in bail be brought before it and may order him to find sufficient sureties.
- Section 444 provides that any surety may at any time apply to the Magistrate to discharge the bond. On such application being made, the Magistrate shall issue his warrant of arrest directing that the person so released be brought before him and then such person will be asked for new surety and then release such Surety.
- Section 445 provides that the court may permit the person, required to execute a bond, to deposit a sum of money or Government promissory note to such amount as the court may fix in lieu of executing a bond.
- Section 446 prescribes the procedure when the bond has been forfeited.
- As per section 446 when the bond has been forfeited, the court shall record the grounds of such proof of forfeiture, and may call upon any person bound by such bond to pay the penalty thereof or to show cause why it should not be paid.
- If sufficient case as under section 446(1) is not shown and the penalty is not paid, the court may proceed to recover the same as if such penalty were a fine imposed by it under Crpc.
- An order passed by a Magistrate under section 446 of Crpc is appealable to Sessions Judge.
- Section 446A provides for the cancellation of bond and bail bond, ie., where a bond is for appearance of a person in a case and it is forfeited for breach of a condition, the bond executed by such person as well as bond executed by the surgeries shall stand cancelled.
- Section 447 provides that when the surety becomes insolvent or dies, or when he bond is forfeited under section 446, the Court or Magistrate of 1st class may order the person from whom such surety was demanded to furnish fresh security.
- Section 448 provides that when the person required by the court to execute a bond is a minor, the soviet may accept, in lieu thereof, a bond executed by a surety.
- Section 449 provides that appeal from orders under section 446, if made by Magistrate, shall be made to the Sessions Judge, and if the order is made by Court of Sessions, appeal to the court to which appeal lies.
- Section 450 provides that the High Court or Court of Session mag direct any Magistrate to levy the amount due on bond for appearance or attendance at such High Court or Court of Sessions.
- The provisions relating to Disposal of Property are contained in chapter 34 (Sections 451-459).
- Section 451 provides for order for custody and disposal of property pending trial in certain cases.
- Section 452 of Crpc provides for order for disposal of property at conclusion by destruction, confiscation or delivery to any person claiming to be entitled to possession thereof.
- Section 453 says that when a person purchased stolen property, without knowing it to be stolen and the court on application of such purchaser and in restitution of the stolen property to the person entitled to the possession thereof, order that out of such money a sum not exceeding the price paid by such purchases be delivered to him.
