Bail related law in India and role of an experienced criminal lawyer

The criminal procedure code mentions in detail the bail law in India and its application. The section 2 (a) of this law says that bail able offence are those offence that are treated as bail able in the first schedule. The first schedule of the criminal procedure code defines offence under penal code in India and divides them into bailable and non bail able offences. This division has been made on the nature of the crime. All the offence , which entail imprisonment of three years or more are considered non bail able and rest are given bail able status .

  

The procedure for the grant of the bail also has been given in the sections of the criminal procedure code. The amount of money, which is given as security at the time of release of the person is not mentioned in the code. That discretionary power has been vested in the court to fix the amount of money paid at the time of release.

Bail process -

When a person is arrested for any crime, the person is taken to the police station for questioning. The police station officer in- charge also checks the background of the person to know any past criminal record of the person. For bailable crime, the person is allowed to apply for the bail immediately. However, for crimes that are not bail able, a person or an accused has to wait for 48 hours for appearance in the court where the right to bail can be claimed. Then the court decides on the bail after taking various aspects of the case into consideration.  The judge also gives thought to the fact that Criminal Case defense lawyers in Delhi accused may try to temper with the proof against him while on bail. This single fact can go against the person or accused, if the judge foresees any such possibility. The judge can cancel the bail application of the person or accused on this single ground.

Point where the need for an experience lawyer comes -

In cases, which are not bail able, the sole decision whether to grant bail depends on the judge. Here, the service of an experienced Best lawyer for bail in Delhi criminal case defense lawyers comes, who can convince the judge by his or her forceful arguments that person or accused should be granted bail. The lawyer with experience of successfully handling bail cases can convincingly put forward the case in court of law. Since judge makes final bail decision on the facts presented before the court, the careful presentation of case can title the balance in favor of bail seeker.