The term bail is not defined in law. Bail is derived from a French verb,“ Baillier” meaning to give or to deliver. Bail refers to release of an accused temporarily in a criminal matter in which judgment is not yet announced. It acts as a security to ensure the appearance of the accused in court. There are mainly three types of bails- Regular bail, Interim bail and Anticipatory bail. Chapter XXXIII i.e. Section 436 to Section 450 of Code of Criminal Procedure deals with Bails and Bonds.

SECTION 436(2) talks about rejection of bail in case of bailable offences. The court has power to reject or refuse bail of a person if he has failed to comply with the conditions of the bail-bond as regards to the time and place of attendance.

SECTION 437(1)(i) and (ii) talks about rejection of bail in case of non-bailable offences. A person accused of non-bailable may not be released on bail if :

  • Such person shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life.
  • Such person shall not be so released if such offence is a cognizable offence and he had been previously convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more, or he had been previously convicted on two or more occasions of a non-bailable and cognizable offence.


SECTION 2(a) defines Bailable and Non-bailable Offences

“bailable offence” means an offence which is shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in force; and “non-bailable offence” means any other offence.

Bailable Offences are punished with imprisonment of less than 3 years or with fine only, they are less serious or grave offences. Whereas Non-bailable offences are serious and grave offences like murder etc.

Cancellation of bail is different than Rejection of bail and can be granted if a   case for cancellation is made out having regard to the factors, which are certainly different than those to be considered for the purpose of refusal of bail.


In INX Media Case,

  1. Chidambaram, former Union Minister, was arrested for alleged irregularities in the grant of Foreign Investment Promotion Board (FIPB) clearance to broadcaster INX Media for receiving overseas investment in 2007, when was the finance minister. He was arrested on August 21 by the Central Bureau of Investigation (CBI) and on October 16 by Enforcement Directorate (ED).

Chidambaram, who is in Tihar Jail, had sought urgent bail on the grounds that he had been diagnosed with Crohn’s disease in 2017 which is an inflammatory bowel disorder and causes inflammation of the digestive tract which leads to abdominal pain, fatigue and weight loss. His defence team stated that he had lost 7 kgs in more than 2 months in custody and needed to be treated by his regular doctor in Hyderabad, Dr. Nageshwar Reddy.

The Delhi High Court rejected the interim bail after a board of doctors formed by All India Institute of Medical Sciences (AIIMS) to assess his health concluded that he need not be shifted to a hospital ward for treatment of his medical condition.

Tushar Mehta, solicitor general, informed Justice Suresh Kait that the senior Congress leader who was assessed by the board need not require a sterile environment for treatment and that the doctors also stated that he could be treated as an outpatient who can visit hospital on weekly basis. The doctors directed to provide clean surroundings and home cooked meal to Chidambaram.

After the above submission the plea for bail by Congress politician was denied but certain directions were issued by Justice Kait to the Tihar Jail superintendent to ensure clean and hygienic surroundings and homecooked meal and mineral water for Chidambaram. He would also be provided with mosquito protection net and a face mask if he requires.

For case specific advice/bail matter, please be in touch with the best/top/expert Criminal Lawyer Advocate Chandigarh Panchkula Mohali Zirakpur Derabassi.

This post is written by Kashish Sandha. For more info, dial 99888-17966.