When police feels that certain person has committed a crime, police arrests him.
Here, first question of bail comes.
If crime is of minor nature, police can let the accused go after taking undertaking from him that he will come and appear before judge. This is bail.
If crime is of serious nature, police keeps arrested man in his custody, but he has to produce this man before magistrate in 24 hours.
This is police custody.
When man is brought to Magistrate, he sends the man to jail. This is Judicial Custody.
At this time, if police tells judge that he needs custody of accused for few more days for further investigation, the judge grants him further custody for few days. This is called Remand Custody to Police.
After, investigation or before investigation, the man can again apply to judge that he is innocent and he will come whenever called, and he may be released on bail pending trial.
After trial is over and after his conviction, he can file appeal to higher court and here again he can say that he is innocent, the judgement of trial court is wrong, and he can ask for bail till appeal is finally heard.
There is no restriction on number of application for bail which can be filed.
There are norms and principles for deciding such applications.
If one court rejects bail application, another application can be moved to higher court.
If bail is wrongly granted to some criminals, the complainant or State can apply to Higher Court to cancel bail order.
Most bail orders contain condition that accused will not threaten witnesses.
If any witness is threatened, he can ask for cancellation of bail order on the ground of breach of condition.
Haresh Raichura
24/5/13 12:44
