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Bail Law and Practice

 M.R. Mallick



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"NO PERSON SHALL BE DEPRIVED OF HIS LIFE OR PERSONAL LIBERTY EXCEPT ACCORDING TO PROCEDURE ESTABLISHED BY LAW"—thus runs the mandate of the Constitution of India. If a person is arrested being accused of a criminal offence then, however, his right to personal liberty may be curtailed. Law of bail as formulated in the Code of Criminal Procedure has advocated that before denying that personal liberty to an accused who is arrested in connection with criminal offences, he cannot be detained in custody unless and until there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life. Jail or Bail is the vital question to be decided by court of law.
Supreme Court's guidelines : Bail in bailable offence is a matter of right, whereas in non-bailable offences, it is matter of discretion of a court of law and such discretion is required to be exercised only according to the guidelines prescribed by Supreme Court in a catena of decisions. Such guidelines of Supreme Court have been discussed in this edition with meticulous details. Anticipatory bail is another important aspect of the law of bail. A person apprehending arrest may pray for anticipatory bail. All the issues and varying circumstances relating to anticipatory bail are discussed at length. All the criteria that should be considered before granting anticipatory bail have been noted.
Spectrum of the work : The work aims at throwing light on different aspects of law of bail. On its journey through the subject the author has stepped on every stone of it. He focuses all the issues relating to bail such as bail in bailable offence, bail in non-bailable offence, anticipatory bail, cancellation of bail, bail under different Acts, amount of bail, bond and forfeiture of bond, etc. Parole opens a new window through which the author makes a comparative study of parole under Indian law, law of England and that of USA. Detention under the preventive law in the light of the Constitution is another attractive feature of the work. The work will surely serve the purpose of the bench, bar and police department.
Chapter 1. Introduction
Chapter 2. Bail by Police
Chapter 3. Bail by Magistrate
Chapter 4. Bail by Sessions Judge
Chapter 5. Bail by High Court
Chapter 6. Bail by Supreme Court
Chapter 7. Bail in Bailable Offences
Chapter 8. Bail in Non-Bailable Offences
Chapter 9. Special Powers of High Court or Sessions Court Regarding Bail
Chapter 10. Anticipatory Bail
Chapter 11. Bail under Special Act
Chapter 12. Cancellation of Bail
Chapter 13. Bail from Persons other than Accused
Chapter 14. Amount of Bail
Chapter 15. Bond and Forfeiture of Bond
Chapter 16. Parole
Chapter 17. Detention Order-Preventive Detention Act
1.  First Schedule of the Code of Criminal Procedure
2.  Second Schedule of the Code of Criminal Procedure
3.  Model Forms


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Bail Law and Practice

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