Provisions As To Bail And Bonds MCQ Quiz in मल्याळम - Objective Question with Answer for Provisions As To Bail And Bonds - സൗജന്യ PDF ഡൗൺലോഡ് ചെയ്യുക

The correct option is  An appeal.

Key Points

• An appeal:
  • Section 374 of the Cr.P.C. allows for appeals from convictions, acquittals, or sentences in criminal cases.
  • Section 377 of the Cr.P.C. specifies that an appeal lies to the High Court against an order of conviction by a Special Court established under the SC/ST (Prevention of Atrocities) Act, among other legislations.
• Therefore, to challenge the rejection of the bail application under the SC/ST (Prevention of Atrocities) Act by the Special Judge, filing an appeal in the High Court.

Additional Information

• Bail application under Section 439 CrPC: 
  • Section 439 of the Criminal Procedure Code pertains to the power of a High Court or Court of Session to grant bail.
  • However, in cases where bail has been rejected by a lower court, the usual course of action is to appeal against this decision rather than re-applying for bail directly to the higher court.
• Revision under Section 397 CrPC: 
  • Section 397 of the CrPC deals with the powers of a High Court or Sessions Judge to call for and examine the records of any proceeding before any inferior criminal court to satisfy itself or himself as to the correctness, legality, or propriety of any finding, sentence, or order recorded or passed, and as to the regularity of any proceedings.
  • While revision can be sought in certain circumstances, it might not be the most suitable course of action for challenging the rejection of a bail application..
• A petition under Section 482 CrPC: 
  •  Section 482 of the CrPC empowers the High Court to exercise its inherent powers to make such orders as may be necessary to prevent abuse of the process of any court or to secure the ends of justice.
  • While this provision can be utilized in certain situations, it is typically invoked for matters relating to the inherent powers of the High Court rather than for challenging specific decisions like bail rejections..

The correct answer is option 3Key Points

• Section 436A of Criminal Procedure Code 1973 deals with Maximum period for which an undertrial prisoner can be detained.
• Where a person has, during the period of investigation, inquiry or trial under this Code of an offence under any law (not being an offence for which the punishment of death has been specified as one of the punishments under that law) undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law, he shall be released by the Court on his personal bond with or without sureties:
  • Provided that the Court may, after hearing the Public Prosecutor and for reasons to be recorded by it in writing, order the continued detention of such person for a period longer than one-half of the said period or release him on bail instead of the personal bond with or without sureties:
  • Provided further that no such person shall in any case be detained during the period of investigation, inquiry or trial for more than the maximum period of imprisonment provided for the said offence under that law.
• Explanation.—In computing the period of detention under this section for granting bail, the period of detention passed due to delay in proceeding caused by the accused shall be excluded.

The correct answer is Option 1.

Key Points Default bail under Section 167 of The Code Of Criminal Procedure, 1973

• The accused is entitled to an indefeasible right of default bail/compulsive bail/statutory bail if the accused is prepared to furnish bail in case the charge sheet has not been filed in court. This right accrues after 90 days of custody in cases punishable with death, life imprisonment, and imprisonment not less than 10 years and after 60 days of custody for any other offence. Every person released under default bail shall be deemed to be released under Chapter XXXIII of CrPC.
  • ​This provision is applicable irrespective of the fact that the offence of which the detained person is accused of is non-bailable or the case is such that the bail cannot be granted according to the provisions of Chapter XXXIII of the Code dealing with bail and bonds. 
• It may be noted that once the bail is granted under the provisions [Section 167(2)] of Chapter XXXIII of the Code have been made applicable for subsequent dealing with bail matters. For instance, the court can cancel the bail under Section 437(5) as if the bail was originally granted under Chapter XXXIII of the Code. The legal fiction may enable the court to exercise judicial discretion in cancelling the bail in the granting of which it had no discretion whatsoever. 
• In a case where it is found that the person released on bail under the mandatory provision of proviso (a) to Section 167(2) is misusing his freedom by tampering with the prosecution witnesses or by attempting to flee from justice by absconding, the bail may rightly be cancelled in view of this legal fiction.
• Staying of the operation of the bail order has been resorted to. The power to do this has been located under Section 482. Holding the power under Section 439(2) to cancel bail independent of Section 397, it is argued, power to suspend which is ancillary to power to cancel is inherent in the High Court under Section 482

The correct answer is not more than half of the maximum period of punishment for the said offence 

Key PointsGenerally, under-trial prisoners are those accused who are charged with non-bailable offence and their bail has been denied or the accused who are charged with bailable offence and their bail has been granted as a matter of their right provided by the law but fail to furnish the bail bond and sureties. It also includes the accused who has been granted bail in the non-bailable offence but they failed to fulfil the mandatory conditions stated in order by the courts of law.

Section 436A : Maximum period for which an under trial prisoner can be detained : 

Where a person has, during the period of investigation, inquiry or trial under this Code of an offence under any law (not being an offence for which the punishment of death has been specified as one of the punishments under that law) undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law, he shall be released by the Court on his personal bond with or without sureties;
Provided that the Court may, after hearing the Public Prosecutor and for reasons to be recorded by it in writing, order the continued detention of such person for a period longer than one-half of the said period or release him on bail instead of the personal bond with or without sureties;
Provided further that no such person shall in any case be detained during the period of investigation inquiry or trial for more than the maximum period of imprisonment provided for the said offence under that law.
Additional Information  Pramod Kumar Saxena Vs Union of India (2008(9) SSC 685) : 
It has been held that an undertrial Prisoners  shall not be detained beyond the maximum period of imprisonment in case he is convicted for the alleged offence. 

The correct answer is 2 and 3 

Key PointsSection 438: Direction for grant of bail to person apprehending arrest.
(1) Where any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section that in the event of such arrest he shall be released on bail; and that Court may, after taking into consideration, inter alia, the following factors, namely:-
(i) the nature and gravity of the accusation;
(ii) the antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a Court in respect of any cognisable offence;
(iii) the possibility of the applicant to flee from justice; and
(iv) where the accusation has been made with the object of injuring or humiliating the applicant by having him so arrested, either reject the application forthwith or issue an interim order for the grant of anticipatory bail:

Provided that, where the High Court or, as the case may be, the Court of Session, has not passed any interim order under this sub-Section or has rejected the application for grant of anticipatory bail, it shall be open to an officer incharge of a police station to arrest, without warrant, the applicant on the basis of the accusation apprehended in such application.

Additional Information

• It is a legal provision that allows an accused person to apply for bail before being arrested. In India, pre-arrest bail is granted under Section 438 of the Code of Criminal Procedure, 1973. It is issued only by the Sessions Court and High Court.
• The provision of pre-arrest bail is discretionary, and the court may grant bail after considering the nature and gravity of the offence, the antecedents of the accused, and other relevant factors. The court may also impose certain conditions while granting bail, such as surrendering the passport, refraining from leaving the country, or reporting to the police station regularly.
   

Conditions for granting Anticipatory Bail 

• The person seeking anticipatory bail should have reason to believe that they may be arrested for a non-bailable offense.
• The court may also impose a monetary bond, which the person seeking anticipatory bail will have to pay if they fail to appear before the court or violate the conditions imposed.
• The person seeking anticipatory bail must make themselves available for interrogation by the investigating officer as and when required.
• The court may grant anticipatory bail for a limited period, and the person will have to surrender to custody once the period expires.
• It is important to note that the granting of anticipatory bail is at the discretion of the court and is not an absolute right. The court will consider various factors, such as the nature and gravity of the offense, the antecedents of the person seeking anticipatory bail, and the likelihood of the person absconding or tampering with evidence, before deciding whether to grant anticipatory bail.

The correct answer is: Option 2

Key Points

• While the CrPC does provide provisions for granting bail to accused individuals, it does not grant an absolute right to bail for all offences and under all circumstances. Bail is not an automatic entitlement; it is subject to various conditions and considerations, including the nature and gravity of the offense, the likelihood of the accused absconding or interfering with the investigation, and the interests of justice.
• While bail is generally granted for bailable offences and in certain circumstances for non-bailable offences, it is not an absolute right and may be denied by the court if there are compelling reasons to do so.
• Therefore, while the reasoning provided is correct regarding the discretion of the court in granting bail, the assertion that bail is a matter of right for all accused individuals is false.

 Additional Information

• Section 436 of CrPC clearly states that a person can claim bail as a right in case a person accused is detained or arrested for a bailable offence.
• S.50(2) CrPC makes it obligatory for a police officer arresting a person accused of bailable offences without a warrant to inform him of his right to bail.
• Bail Provisions in CrPC in case of Non-Bailable Offences: 
  • Section 437 discusses bail provisions in case of non-bailable offences. Under this section, the accused can’t seek bail as a matter of right. It is the discretion of the court.
• The court will consider the following points before granting bail:
  • The nature and seriousness of the offence
  • Character of evidence
  • Circumstances
  • Reasonable apprehension of tampering of the witness
  • The larger interest of the public

The correct option is Option 2.

Key Points

• Bail:-
  • The bail under CrPC is divided according to the types of offence alleged against the accused.
  • Basic rules for grant or denial of bail:-
    1. There are only two kinds of offences under criminal law, bailable offence and non-bailable offence.
    2. In case of bailable offences, as per section 436 of the CrPC bail has to be granted to the accused as it is a matter of right for the accused to demand and be granted bail.
    3. In the case of non-bailable offences, as per Section 437 CrPC and Section 439 CrPC, the grant or refusal of bail is a matter of discretion of the court which means bail can be granted by the court.
       • The only condition is that it cannot be demanded as a right by the accused.
    4. Section 437 of the CrPC lays out certain basic criteria for the court while exercising its judicial discretion for granting or refusal of bail in case of non-bailable offences, some of the criteria are the nature of the offence, past criminal record, the probability of guilt, etc. and carves out exceptions for minors, women etc.
    5. Section 438 CrPC also lays down the concept of Anticipatory Bail where the accused may seek bail if they apprehend arrest, to prevent even the otherwise brief incarceration.
       • It must be noted that the grant or refusal of anticipatory bail is also a matter of discretion for the court.
       • The Hon'ble Supreme Court of India has mentioned several other criteria as factors to be taken into consideration when granting bail in non-bailable offences these factors include but are not limited to the probability of recommission of the offence, the possibility of frightening witnesses, the probability of evidence being tampered with, the seniority of the accused and his consequent circles of influence in affecting the investigation if released.
• Case:- Gurcharan Singh v. State of Delhi, AIR 1978(landmark case)
  • There are catena of judgment which specifically state that "bail is a rule and jail is the exception".
  • That means apart from the above-noted factors bail not jail should be the thumb rule, implying that as far as possible the Courts must try and grant bail and only in exceptional circumstances bail should be refused.

The correct answer is Section 447.

Key Points

• Section 447 of the CrPC provides for the Procedure in case of insolvency of death of surety or when a bond is forfeited.
• It states that —When any surety to a bond under this Code becomes insolvent or dies, or when any bond is forfeited under the provisions of section 446, the Court by whose order such bond was taken, or a Magistrate of the first class may order the person from whom such security was demanded to furnish fresh securities in accordance with the directions of the original order, and if such security is not furnished, such Court or Magistrate may proceed as if there had been a default in complying with such original order.

The correct answer is Section 446.

Key Points

• Section 446 of the CrPC provides for the Procedure when bond has been forfeited.
• It states that —(1) Where a bond under this Code is for appearance, or for production of property, before a Court and it is proved to the satisfaction of that Court, or of any Court to which the case has subsequently been transferred, that the bond has been forfeited, or where, in respect of any other bond under this Code, it is proved to the satisfaction of the Court by which the bond was taken, or of any Court to which the case has subsequently been transferred, or of the Court of any Magistrate of the first class, that the bond has been forfeited, the Court shall record the grounds of such proof, 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.
  Explanation.—A condition in a bond for appearance, or for production of property, before a Court shall be construed as including a condition for appearance, or as the case may be, for production of property, before any Court to which the case may subsequently be transferred.
  (2) If sufficient cause 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 this Code:
  Provided that where such penalty is not paid and cannot be recovered in the manner aforesaid, the person so bound as surety shall be liable, by order of the Court ordering the recovery of the penalty, to imprisonment in civil jail for a term which may extend to six months.
  (3) The Court may, after recording its reasons for doing so, remit any portion of the penalty mentioned and enforce payment in part only.
  (4) Where a surety to a bond dies before the bond is forfeited, his estate shall be discharged from all liability in respect of the bond.
  (5) Where any person who has furnished security under section 106 or section 117 or section 360 is convicted of an offence the commission of which constitutes a breach of the conditions of his bond, or of a bond executed in lieu of his bond under section 448, a certified copy of the judgment of the Court by which he was convicted of such offence may be used as evidence in proceedings under this section against his surety or sureties, and, if such certified copy is so used, the Court shall presume that such offence was committed by him unless the contrary is proved.

The correct answer is Section 449.

Key Points

• Section 449 of the CrPC provides for the Appeal from orders under section 446.
• It states that —All orders passed under section 446 shall be appealable,—
  (i) in the case of an order made by a Magistrate, to the Sessions Judge;
  (ii) in the case of an order made by a Court of Session, to the Court to which an appeal lies from an order made by such Court.