This article has been written by Ms. Falak Munaf Solkar, a 1st year BBA LLB(Hons) student from Kirit P Mehta School of Law, NMIMS University. 

Bail and bond are legal terms that refer to two separate but related concepts in the criminal justice system. It is used to secure the release of individuals who have been arrested and charged with a crime. Both bail and bond are important aspects of the criminal justice system, as they help to balance the need to ensure public safety with the constitutional rights of the accused. They also play a key role in preventing overcrowding in jails and ensuring that individuals are not held in custody for longer than necessary. Understanding how bail and bond work is crucial for anyone who has been arrested and is in custody.

The purpose of bail and bond is to ensure that the accused person will appear in court for their trial or other legal proceedings. If they fail to appear, the money or property deposited as bail may be forfeited, and the accused may be arrested again. Bondsmen, who typically charge a fee for their services, are also responsible for ensuring that their clients appear in court.

Definition of bail

If the defendant seeks to be released from jail while awaiting trial, they are required to make a cash payment to the court in the form of bail, which is a predetermined amount of money. The defendant is required to post bail in order to ensure that they will appear in court for all of their scheduled hearings. This is the primary function of bail. The money that was posted as bail will be given back to the court if the offender does not appear in court as required.

Types of bail 

1. Regular bond: The most typical kind of bail, known simply as “regular bail,” is released to an accused individual who is freed from arrest or imprisonment after being granted the bail. The court has decided to release the accused individual from detention on the condition that they will appear in court as scheduled and provide their full cooperation to the inquiry.
2. Interim bond: An accused person can be released on interim bail for a short amount of time, typically until the next hearing or until the court issues a final order on their normal bail application. This allows the accused person to remain free while their case is being heard.
3. Anticipatory bond: A person who is apprehending arrest on an accusation of having committed an offence that is not eligible for bail may apply for and be granted anticipatory bail. Pre-arrest bail is a form of bail that can be given by a court to a person who is concerned that they will be arrested by the police in the near future.

Conditions for bail 

Conditions of bail are different for bailable and non bailable offenders. Bailable offences are those wherein the crime committed should be penalised by a sentence of less than three years in jail or a fine. Such crimes are qualified for bail. These are mentioned under first schedule according to section 2(a) of the criminal procedural code. The section is divided into two parts : first part lays down bailable offences under Indian Penal Code and the second part lays down bailable offences under other laws.

Section 436 of Criminal Procedural code lays down conditions for bailable offences. They are as follows:

1. There are enough reasons to suspect that the accused did not conduct the crime, but further investigation is warranted.
2. If, in the opinion of the court, there are adequate grounds to carry out additional investigation into the case.
3. The individual is not suspected of having committed any crime that could result in the person’s execution, lifelong incarceration, or a sentence of up to ten years in jail.

Likewise, non-bailable offences offenses are crimes that are serious in nature and are punishable by imprisonment for more than three years, as per the Indian Penal Code (IPC) or other laws. These offenses are considered to be more severe than bailable offenses and the accused cannot get bail as a matter of right. Instead, they must apply to the court for bail and convince the court that they deserve to be released on bail, taking into account the nature and gravity of the offense, the evidence against the accused, and the likelihood of the accused fleeing from justice or tampering with evidence if released on bail. The first schedule’s second section at the conclusion defines non bailable offences as those who have imprisonment of more than 7 years.

Section 437 of Criminal Procedural code lays down conditions for bailable offences. They are as follows:

1 That all of the claims that have been made against the applicant are untrue, are of a frivolous nature, and are contained within a complaint that has been submitted with the intention of harassing the accused or the applicant.

2. That the applicant is a citizen of India who does not have a criminal record and who comes from a good family background.
3. That there is not the slightest shred of evidence that can show to the accused/applicant having committed the alleged offence; this is the third and final element.

The fact that the accused/applicant is the only person in his family who brings in income means that sending him to prison for filing a false complaint would not only ruin his life, but it would also have a negative influence on the lives of his wife and children at the same time.

5. That the accused does not pose an immediate threat to the tranquilly and safety of the general public.
6. The applicant or accused party affirms that they will fully cooperate with any and all investigative authorities and will appear in front of the local district court as and when it is needed of them to do so.

7 That the accused or applicant would not engage in the destruction of evidence or the tampering of evidence if he were to be freed on bail.

Types of bonds

1. Security bonds: Depending on the financial commitment of the entity that is bonding the defendant, the security bond might be treated either like a performance bond or a payment bond. This is determined by the fact that the defendant is being bonded by a bail bondsman. 
2. Personal bond: The personal bond showing the criminal convict appears in the court dates, where the accused is required to fulfil the amount indicated in the bond if the promise to appear in court is broken. If the criminal convict fails to appear in court, the accused is required to pay the amount mentioned in the bond. 
3. Federal bond: When federal crimes are committed outside of the boundaries of the state, which are directly executed with the court and do not require the assistance of a bail agency, federal bail bonds are issued. 
4. Immigration bail bonds: Despite the fact that the process can be difficult and costly, these kinds of bonds are utilised for non-residents and non-citizens who are currently present in the United States. 
5. Property bonds: When a property is submitted by the defendant as a kind of bail, the defendant is required to maintain full rights on the property. This type of bond is known as a property bond.

Conditions for bond 

1.Bond amount – The court may require the accused to execute a bond with or without sureties, for a specified amount. Section 440 of the CrPC deals with the amount of bond and sureties.

2.Breach of bond – If the accused breaches the bond, the bond amount will be forfeited to the government, and the accused may be arrested and brought before the court. Section 447 of the CrPC deals with the consequences of a breach of bond.

3.Conditions – The court may impose certain conditions on the accused as a part of the bond, such as not leaving the country, reporting to the police regularly, or not committing any further offenses. Section 441 of the CrPC deals with the conditions that may be imposed while granting bail.

4.Surety – The court may require the accused to provide sureties who will guarantee that the accused will appear before the court as and when required. The sureties may also be required to deposit a certain amount of money or property as security. Section 441(A) of the CrPC deals with the requirements for sureties.

Conclusion

In conclusion, bail and bond are legal concepts that allow an accused person to be released from custody while awaiting trial or sentencing. Bail is a temporary release from custody granted by a court, while a bond is a financial guarantee provided by a third party to secure the accused person’s release. Both bail and bond are subject to certain conditions, such as attending all court proceedings and refraining from committing further crimes.

References 

1. https://www.thekeepitsimple.com/difference-between-bail-and-bond/
2. https://www.tutorialspoint.com/bailable-and-non-bailable-offence
3. https://devgan.in/crpc/chapter_33.php
4. https://restthecase.com/knowledge-bank/what-is-bail-in-india 
5. https://www.thebailboys.com/what-is-the-difference-between-bail-and-bond/
6. https://sociallawstoday.com/what-is-the-difference-between-bail-and-bond/