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............................................................................................................................DescriptionPersonal liberty of a person is guaranteed under Article 21 of theConstitution of India. But this fundamental right is taken away whenthat person is detained in the custody for being an accused in acriminal offence. Bail is the remedy for any victimisation in thisbehalf. In a civilised society bail is the rule and its refusal anexception but sometimes the release of an influential person on bailmay hamper the investigation by his efforts to tamper with the evidenceor manage the witness and it may also cause danger to public safety.Graver the offence, graver the responsibility to decide whether theaccused is to be detained in custody or released on bail. All theseconsiderations lead immense importance to this legal treatise on bailmatters.Grant and cancellation of bailBail Law & Practice, a comprehensive treatise by a well-knownauthor is now in its Fourth Edition. The author has divided the wholegamut of the law into sixteen chapters. The law of Arrest and Bail ofour country have been analysed elaborately. In the context ofdiscussions, the impact of the Code of Criminal Procedure (Amendment)Act 2005 was duly taken into account. Bail is a right to the accusedfor bailable offences as thoroughly discussed in the chapter on "Bailin Bailable Offences". Power as well as jurisdiction of the Police,Magistrate and Session Judge in granting or refusing bail has beendealt with in accordance with the latest pronouncement of the SupremeCourt and different High Courts of India. Powers of the High Court andthat of the Supreme Court in bail matters are discussed in detail.Normally, bail is refused in non-bailable offences but thecircumstances in which it may be granted are also explained in thechapter on "Bail in Non-bailable Offences".Anticipatory bailA person may apply for anticipatory bail in apprehension of arrest ordetention. Procedure to grant anticipatory bail is adequatelydiscussed. Powers and duties of courts have been properly outlined ingranting or refusing anticipatory bail, duration of anticipatory bail,anticipatory bail in a murder case, or in cases of attempt to murder,dowry death, rape etc., or in an eventuality of death in police custody.It has also been explained if anticipatory bail is applicable in CourtMartial. The issue of cancellation of anticipatory bail has beenelaborately dealt with. Latest changes by the Code of CriminalProcedure (Amendment) Act 2005 got proper inclusion.Parole and rehabilitionParole is one of the humanitarian examples of Indian judicial system inwhich a prisoner may be released for a short time. It is only theadministrative authority who has the power to grant parole. A detailedstudy of the various aspects on this subject has been made. The book isindispensable for all criminal lawyers, Judges or students.............................................................................................................................ContentsChapter 1. IntroductionChapter 2. Bail by PoliceChapter 3. Bail by MagistrateChapter 4. Bail by Sessions JudgeChapter 5. Bail by High CourtChapter 6. Bail by Supreme CourtChapter 7. Bail in Bailable OffencesChapter 8. Bail in Non-Bailable OffencesChapter 9. Special Powers of High Court or Sessions Court Regarding BailChapter 10. Anticipatory BailChapter 11. Bail under Special ActChapter 12. Cancellation of BailChapter 13. Bail from Persons other than AccusedChapter 14. Amount of BailChapter 15. Bond and Forfeiture of BondChapter 16. ParoleAppendix1. First Schedule of the Code of Criminal Procedure2. Second Schedule of the Code of Criminal Procedure3. Model FormsIndex............................................................................................................................Author DetailsM.R. Mallick, MA, LLB, Former Judge, Calcutta High Court............................................................................................................................
