Comprehension
There is a difference between grant of bail under Section 439 of the Code of Criminal Procedure in case of pre-trial arrest and suspension of sentence under Section 389 of the Code of Criminal Procedure and grant of bail, post-conviction. In the earlier case, there may be presumption of innocence, which is a fundamental postulate of criminal jurisprudence, and the courts may be liberal, depending on the facts and circumstances of the case, on the principle that bail is the rule and jail is an exception, as held by the Court in Dataram Singh v. State of UP, [(2018) 3 SCC 22]. However, in case of post-conviction bail, by suspension of operation of the sentence, there is a finding of guilt and the question of presumption of innocence does not arise. Nor is the principle of bail being the rule and jail an exception attracted, once there is conviction upon trial. Rather, the court considering an application for suspension of sentence and grant of bail, is to consider the prima facie merits of the appeal, coupled with other factors. There should be strong compelling reasons for grant of bail, notwithstanding an order of conviction, by suspension of sentence, and this strong and compelling reason must be recorded in the order granting bail, as mandated in Section 389(1) of the Code of Criminal Procedure.
Question: 1
Which court is competent to grant bail under Section 439 of the Code of Criminal Procedure?
Which court is competent to grant bail under Section 439 of the Code of Criminal Procedure?
Updated On: Jul 11, 2024
- Court of Magistrate
- Court of Sessions.
- High Court
- Both (B) and (C)
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The Correct Option is D
Solution and Explanation
The correct option is (D) : Both (B) and (C)
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Question: 2
Who can file application for cancellation of bail?
Who can file application for cancellation of bail?
Updated On: Jul 11, 2024
- Public Prosecutor.
- Complainant.
- Both (A) and (B).
- None of these.
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The Correct Option is C
Solution and Explanation
The correct option is (C) : Both (A) and (B).
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Question: 3
In which court can application for bail be filed?
In which court can application for bail be filed?
Updated On: Jul 11, 2024
- In the appellate court if the accused is convicted and he prefers appeal against conviction
- In the appellate court if the accused is convicted and he prefers appeal against conviction
- Court of Sessions
- All of these
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The Correct Option is D
Solution and Explanation
The correct option is (D) : All of these
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Question: 4
Expression ‘any person accused of offence and in custody’ used in Section 439 of the Code of Criminal Procedure means
Expression ‘any person accused of offence and in custody’ used in Section 439 of the Code of Criminal Procedure means
Updated On: Jul 11, 2024
- A person who has been arrested and remanded to police custody.
- A person who has been arrested and remanded to judicial custody.
- A person who is accused of bailable offence and surrenders before the Sessions court for the purposes of bail.
- All of these.
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The Correct Option is D
Solution and Explanation
The correct option is (D) : All of these
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Question: 5
Condition embodied in Section 439(1A) regarding the presence of informant at the time of hearing of bail application in certain sexual offences was inserted by
Condition embodied in Section 439(1A) regarding the presence of informant at the time of hearing of bail application in certain sexual offences was inserted by
Updated On: Jul 19, 2024
- Criminal Law (Amendment) Act, 2018.
- Criminal Law (Amendment) Act, 2013.
- Code of Criminal Procedure (Amendment) Act, 2008.
- Criminal Law (Amendment) Act, 2005.
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The Correct Option is A
Solution and Explanation
The correct option is (A) : Criminal Law (Amendment) Act, 2018.
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Question: 6
Which of the following is correct regarding bail under Section 439?
Which of the following is correct regarding bail under Section 439?
Updated On: Jul 11, 2024
- Court is mandatorily required to give a notice to the informant within 15 days of the receipt of application in certain sexual offences mentioned in Section 439.
- Court is required to give a notice to Public Prosecutor within 15 days of the receipt of application in certain sexual offences mentioned in Section 439.
- Court is not required to give any notice to the Public Prosecutor before granting bail in case of offences punishable with imprisonment for life.
- Sessions Court has no power to cancel the bail.
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The Correct Option is B
Solution and Explanation
The correct option is (B) : Court is required to give a notice to Public Prosecutor within 15 days of the receipt of application in certain sexual offences mentioned in Section 439.
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