Daily News Analysis

Bail   

24th November, 2021 Polity

Figure 4: No Copyright Infringement Intended

Context:

  • The National Human Rights Commission (NHRC) announced a pilot project for improving access to justice for prisoners of 16 Delhi jails by allowing law students to help them in filing bail applications and appeals.

 

Details:

  • The NHRC signed an MoU with Delhi Prisons, the National Law University, Delhi and the Delhi State Legal Services Authority.
  • The aim of this collaborative exercise is also to promote and protect the human rights of prisoners besides inculcating professionalism among the law students.
  • The students from NLU Delhi now may assist the prisoners in filing bail applications and appeals and other research work that may help the court with factual information and ensure early justice of the inmates under the supervision of the DSLSA.

Payment of Stipend:

  • The NHRC would monitor the project and provide the payment of stipend to the students.
  • The NLU would nominate 48 third-year and above students.
  • The students would visit the prisons under the DSLSA legal aid counsels’ supervision for one week every month for a year.

About Bail:

  • Bail denotes provisional release of accused in Criminal Case in which court the trial is pending and the Court is yet to announce judgement. There are 3 types of bail Regular, Interim and Anticipatory.

Intermin Bail:

  • Interim bail is granted for a short period of time and it is granted before the hearing for the grant of regular or anticipatory bail.

anticipatory Bail

  • If any person has reason to believe that he/she may be arrested for non-bailable offence, he/she may apply to Sessions court or High court for anticipatory bail praying that in the event of arrest, he/she shall be released on bail. (Section 438 Cr.PC).