Bailable offenses are criminal or civil violations that a law court can grant bail to the person accused once they submit the set bail bond. When bail is granted, the accused is not considered free of all blame. There still has to be a judicial trial.
Non-bailable offenses on the other hand are criminal or civil violations for which the court rejects bail directly without necessarily hearing the case for some days. In this situation, the accused person stays in judicial custody up to the time of trial. However, there are instances where bail may be granted depending on the evidence and circumstances surrounding the case. The criminal law firm in delhi can help with the bail process.
Getting bail for non-bailable offenses
A magistrate can grant bail in case of non-bailable offenses when they are convinced. This should be in the form of writing. Bail is not granted for grievous crimes. The sessions court or high court can grant bail for non-bailable offenses.
If an accused person stands on trial for this type of offense and the trial is concluded but judgment is yet to be delivered, the person accused can be released if there is the belief that the person is not guilty. The process of getting bail from the Supreme Court should be left to qualified lawyers.
Normally, if an individual accused of a non-bailable offense is found guilty, they need to face the consequences. An offense is categorized as non-bailable due to how serious it is. The punishment often matches the seriousness and may include fines, imprisonment, or both. Due to how serious such crimes are, you should get legal representation even before the case begins. The lawyer can help with transfer petitions in Supreme Court, and appeals, among other things.
Getting anticipatory bail for such offenses
The directions for bail for those anticipating arrest are laid down in Indian laws. When you learn that you could be arrested for a non-bailable offense, you can protect yourself by applying for anticipatory bail from the Supreme Court or another court. This is the bail granted before one is arrested with the help of criminal lawyer in delhi.
Anticipatory bails are often granted with valid reasons. You need a professional lawyer to help with the process involved. With their clear understanding of the procedures and laws in place, they can help you to successfully get bail in such a case. Some of the conditions that must be met before an anticipatory bail for non-bailable offenses can be granted include:
The person applying for the bail will always avail themselves for interrogations conducted by the police.
They should not threaten indirectly or directly, promise or induce anyone who’s acquainted with the facts of the case to persuade them not to give facts to the police or court.
The accused isn’t allowed to leave the country unless the Indian government allows it.
More rules and conditions may be added to the list depending on the needs and requirements for justice. If bail is not granted, your lawyer can file bail’s Special Leave Petition at a higher court where there are justice or substantial legal questions with the decision.
Bottom line
Regardless of whether you are accused of a bailable or non-bailable offense, Indian laws view them as criminal and should be decided at the law courts. The offenses may lead to the detention or arrest of the accused and can be punished under the penal code of the country. The accused person appears before court where the prosecution attempts to prove they are guilty. If not successful, the offenses can be appealed in a higher court. Non-bailable offenses have a great impact on the rights of the person accused as well as legal proceedings. It is therefore very important for anyone facing such criminal charges to seek legal representation as soon as possible. This way, they are in a better position to respond and navigate the legal system.
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