Thursday, October 28, 2010

CRIMINAL PRACTICE AND PROCEDURE

THEN THE OTHER QUESTION AROSE IN ONES MIND THAT WHAT TO DO NEXT AND HOW TO GET OUT OF THE ACCUSED FROM JUDICIAL CUSTODY. HERE THE PROVISIONS OF BAIL COMES INTO OPERATIONS. THERE ARE TWO TYPES OF CASES. ONE IS BAILABLE AND ANOTHER IS NON-BAILABLE. IN BAILABLE, THE CONCERNED POLICE OR THE MAGISTRATE CAN GRANT BAIL ON SOME SURITIES ON THE SPOT ITSELF AS IT IS A RIGHT OF THE ACCUSED. WHERE AS IN NON-BAILABLE CASES AGAIN THERE ARE TWO TYPES. ONE IS TRIED BY SESSIONS COURTS AND ANOTHER IS TRIED BY MAGISTRATE HIMSELF. IN THE FIRST PART, ONE HAS TO MOVE THE SESSION COURT FOR BAIL. WHEREAS IN THE SECOND PART , ONE HAS TO FILE BAIL APPLICATION BEFORE THE MAGISTRATE HIMSELF. APART FROM IT, BEFORE ARREST ITSELF, IN ALL CASES, ONE CAN MOVE SESSION COURT FOR ANTICIPATORY BAIL, WHICH PROTECTS FROM ARREST BY POLICE.