Regular bail under section 439 of criminal procedure code means end of detention of a person after his arrest. This section gives wide powers to Punjab and are High Court and court of session to grant regular bail. It has been held by High Court indicate that the power of High Court to grant bail under section 439 of Criminal Procedure Code is not in respect of offenses mentioned in the Indian Penal Code only.
An accused can apply for regular bail if his detention by the police authorities is legal. If the detention of a person is illegal the remedy available to him is the writ of habeas corpus. While granting regular bail court cannot go into details of evidence to see whether such evidence is sufficient to prove the guilt of the accused resulting in the conviction. It has also been held that the power of High Court to grant a regular bail to a person is not merely revisionary but concurrent with that of subordinate magistrate who is trying the case. This means that an accused can directly come to High Court for grant of regular bail. However criminal defense lawyers in Chandigarh, Punjab and Haryana do not take this direct route to High Court Chandigarh since this type of exceptional power is seldom used by the High Court.
The general policy of the law is to allow pale rather than refuse it and the bail should not be withheld as a measure of punishment or for the purpose of putting obstacles in the way of defense. The word custody used in section 439 of the procedure code has been given a restrictive interpretation to include only custody which is legal under bailable warrant of remand issued legally by a competent authority.
Punjab and Haryana High Court at Chandigarh has also held that court has power to grant bail under section 439 the accused who was absconding but had surrendered before the court when the trial commenced. However if regular bail has already been granted by the magistrate, the set magistrate cannot reconsider his own order of granting regular bail.
Criminal Lawyers in Chandigarh have been able to successfully argue for High Court Chandigarh that it was the duty of court to avoid elaborate documentation of merits and detailed examination of evidence. During the hearing of regular bail courts should only consider whether any prima facie case has been made against the accused or not.
Where Sessions Judge in the exercise of his discretion has granted bail to an accused in a cognizable case, Punjab and Haryana High Court has held that it will not interfere with that order in revision at the instance of a private party unless the discretion was capriciously or arbitrarily exercised and when the state has not even filed any decision against the order.
You can contact us to know how to get regular bail for offenses under sections 498a, 307, 326, 323, 376, 302 of IPC, Prevention of Corruption Act, dowry cases, dowry prohibition act, and to know documents required for an regular bail. In complex regular bail matters, proper documentation can guarantee success in court cases in Chandigarh High Court. We also help in getting regular bail to our NRI clients.