BAIL IN CRIMINAL CASES AND PROVISION OF BAIL

                   There is two kind of offences i.e. Bailable and non-bailable offence 

                            Deference between bailable and non-bailable offence 

                    Non-bailable offence means not that in a non-bailable offence an accused cannot be released on bail during pendency of trial or  inquiry but only deference in both kind of offences that in a bailable offence bail is right of accused and court or police officer cannot refuse to release him on bail but in non- bailable offences it is depend upon the discretion of court.

                           Provision of bail 

                           Provision of bail has been given in section 167, 436, 436-A, 437, 438 and 439 of Cr.P.C.

167- Although this section is mainly related to the remand of accused during investigation but according to section 2 (a)  (ii) of this section if investigation is not completed and charge sheet submitted within 90 days in offence punishable with death, imprisonment for life or for more than ten years and within 60 days in offence punishable with imprisonment for less than ten year shall be releases on bail if he is ready and does furnish bail.

436- According to this section in a bailable offence an accused person shall be released on bail if he is ready to furnish surety and if he is indigent then he shall release on personal bond without surety and according to explanation of this section if a person unable to give bail within a week of his arrest then he is indigent person.

436-A-  According to this section if any person has spent more than half period in jail of maximum period of imprisonment provided for that offence shall be released on bail.

437-  Tthis section is providing for bail in non-bailable offences, according to this section 1- any person may be released on bail (it depend upon discretion of court) except- 1- an offence punishable with death or imprisonment for life 2- he is previously convicted with death, life imprisonment or imprisonment of more than seven year or he has been previously convicted on two or more occasions for imprisonment for three years or more. and he is not  under the age of sixteen years or woman or sick or infirm.

 2- There are not grounds for believe that he has committed a non-bailable offence.

3-  If in any offence triable by Magistrate the trial is not concluded within sixty days from the first date of fixed for taking evidence and accused in jail for that whole period.

438- This section provides power to High court and Session Court to grant anticipatory bail but this section is not applicable in State of U.P.

439- This Section provides special power to High Court and Session court and high court and Session court may direct to released to any person on bail in any case if it think proper and this power is totally discretionary power of High Court and Session court.. and this section is also provides power to High Court and Session Court to cancel the bail of any person.