Provisions As To Bail And Bonds MCQ Quiz - Objective Question with Answer for Provisions As To Bail And Bonds - Download Free PDF

The correct answer is Gurubaksh Singh Sibbia Vs. State of Punjab 

Key Points

• Landmark Case: Gurubaksh Singh Sibbia v. State of Punjab (1980 AIR 1632, 1980 SCR (3) 383) is the leading authority on anticipatory bail under Section 438 of the Criminal Procedure Code (CrPC).
• Supreme Court Bench: A Constitution Bench of the Supreme Court delivered this judgment, laying down broad, liberal, and guiding principles for the grant of anticipatory bail.
• Key Principles Laid Down:
  • Anticipatory bail is not to be granted as a matter of rule but also not to be denied merely because the accusation is serious.
  • Courts must balance the individual’s right to personal liberty and the necessity of police investigation.
  • No inflexible guidelines were laid down; rather, it depends on facts and circumstances of each case.
• The case strengthened the constitutional protection of personal liberty under Article 21.

Additional Information

• Raghunath Das Vs. State of Orissa – Not related to anticipatory bail; deals with service and pension-related issues.
• Ramesh Kumar Ravi Vs. State of Bihar – Not a landmark case on anticipatory bail.
• Waman Nade Vs. State of Maharashtra – Not relevant to anticipatory bail jurisprudence.

The correct answer is Session Judge

Key Points

• Section 446 of the Code of Criminal Procedure, 1973 deals with forfeiture of bond (e.g., when someone fails to appear in court after executing a bond for appearance or bail).
• If a Magistrate passes an order forfeiting the bond and imposes penalty, the person aggrieved may file an appeal.
• According to Section 449 CrPC, an appeal against an order under Section 446 lies to the Court of Session (i.e., Sessions Judge).

Additional Information

• District Magistrate: Has no appellate authority over judicial orders passed by Magistrates under CrPC.
• High Court : Only approached in revision or writ, not direct appeal under Section 446.
• Supreme Court: Does not entertain direct appeals from Magistrate’s orders under Section 446.

The correct answer is Option 4.

Key Points Section 439 of the Code of Criminal Procedure (CrPC), 1973 grants the power to grant bail to both the Court of Sessions and the High Court.

• The Court of Sessions can exercise bail jurisdiction for cases that are triable in the Sessions Court.

• The High Court has the power to grant bail for both sessions cases and cases triable in lower courts.

The correct answer Option 3

Key Points

• Anticipatory bail is granted under Section 438 of the Code of Criminal Procedure (CrPC), 1973 to a person who apprehends arrest for a non-bailable offence.
• It is preventive in nature, meaning it is sought before the arrest happens.
• Conditions for granting anticipatory bail:
  • The person applying for anticipatory bail must not have been arrested yet.
  • The offence alleged must be non-bailable (bailable offences do not require anticipatory bail).
  • The Sessions Court or the High Court has the power to grant anticipatory bail based on circumstances and merits of the case.

The correct answer is 'Six months'

Key Points

• Period of limitation for taking cognizance of offences punishable with fine only:
  • According to the 468 of  Criminal Procedure Code (CrPC) of India, the period of limitation for taking cognizance of an offence punishable with fine only is six months.
  • This means that if an offence carries only a fine as punishment, legal proceedings must be initiated within six months from the date of the offence.
  • The purpose of this limitation period is to ensure timely prosecution and to avoid unnecessary delays in the justice process.

Additional Information

• Other options and why they are incorrect:
  • Three years: This period of limitation applies to offences punishable with imprisonment for a term not exceeding one year, not for offences punishable with fine only.
  • One year: This is the limitation period for offences punishable with imprisonment for a term not exceeding one year but not for offences punishable by fine only.
  • No limitation: This is not applicable in this context as the CrPC provides specific limitation periods for different types of offences.
• Importance of limitation periods:
  • Limitation periods are essential for the effective and fair administration of justice as they prevent the undue delay in prosecution and ensure evidence remains fresh and reliable.
  • They also provide a sense of closure for both the accused and the victim by ensuring that cases are resolved within a reasonable timeframe.

The correct answer is option 4.Key Points

• Section 437A of criminal Procedure Code 1973 deals with bail to require accused to appear before next appellate Court.
• (1) Before conclusion of the trial and before disposal of the appeal, the Court trying the offence or the Appellate Court, as the case may be, shall require the accused to execute bail bonds with sureties, to appear before the higher Court as and when such Court issues notice in respect of any appeal or petition filed against the judgment of the respective Court and such bail bonds shall be in force for six months.
• (2) If such accused fails to appear, the bond stand forfeited and the procedure under section 446 shall apply.
• The section 437A was Inserted by Act 5 of 2009, s. 31 (w.e.f. 31-12-2009) 

The correct answer is option 3Key Points

• Section 436A of Criminal Procedure Code 1973 deals with Maximum period for which an undertrial prisoner can be detained.
• Where a person has, during the period of investigation, inquiry or trial under this Code of an offence under any law (not being an offence for which the punishment of death has been specified as one of the punishments under that law) undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law, he shall be released by the Court on his personal bond with or without sureties:
  • Provided that the Court may, after hearing the Public Prosecutor and for reasons to be recorded by it in writing, order the continued detention of such person for a period longer than one-half of the said period or release him on bail instead of the personal bond with or without sureties:
  • Provided further that no such person shall in any case be detained during the period of investigation, inquiry or trial for more than the maximum period of imprisonment provided for the said offence under that law.
• Explanation.—In computing the period of detention under this section for granting bail, the period of detention passed due to delay in proceeding caused by the accused shall be excluded.

The correct answer is Option 1.

Key Points Default bail under Section 167 of The Code Of Criminal Procedure, 1973

• The accused is entitled to an indefeasible right of default bail/compulsive bail/statutory bail if the accused is prepared to furnish bail in case the charge sheet has not been filed in court. This right accrues after 90 days of custody in cases punishable with death, life imprisonment, and imprisonment not less than 10 years and after 60 days of custody for any other offence. Every person released under default bail shall be deemed to be released under Chapter XXXIII of CrPC.
  • ​This provision is applicable irrespective of the fact that the offence of which the detained person is accused of is non-bailable or the case is such that the bail cannot be granted according to the provisions of Chapter XXXIII of the Code dealing with bail and bonds. 
• It may be noted that once the bail is granted under the provisions [Section 167(2)] of Chapter XXXIII of the Code have been made applicable for subsequent dealing with bail matters. For instance, the court can cancel the bail under Section 437(5) as if the bail was originally granted under Chapter XXXIII of the Code. The legal fiction may enable the court to exercise judicial discretion in cancelling the bail in the granting of which it had no discretion whatsoever. 
• In a case where it is found that the person released on bail under the mandatory provision of proviso (a) to Section 167(2) is misusing his freedom by tampering with the prosecution witnesses or by attempting to flee from justice by absconding, the bail may rightly be cancelled in view of this legal fiction.
• Staying of the operation of the bail order has been resorted to. The power to do this has been located under Section 482. Holding the power under Section 439(2) to cancel bail independent of Section 397, it is argued, power to suspend which is ancillary to power to cancel is inherent in the High Court under Section 482

The correct answer is Option 4.

Key Points

•  Section 438 of Crpc says Direction for grant of bail to person apprehending arrest.—(1) When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.
• (2) When the High Court or the Court of Session makes a direction under sub-section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including—
  • (i) a condition that the person shall make himself available for interrogation by a police officer as and when
  • required;
  • (ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to
  • any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or
  • to any police officer;
  • (iii) a condition that the person shall not leave India without the previous permission of the Court;
  • (iv) such other condition as may be imposed under sub-section (3) of section 437, as if the bail were
  • granted under that section.

​ Additional Information

• The key aspects of this provision that justify the application for anticipatory bail before Sessions Court and High Court are:

• Broad Jurisdiction: The section explicitly mentions that an application for anticipatory bail can be made to the High Court or the Court of Session. This gives an individual two options based on the jurisdiction, convenience, or on the specific circumstances surrounding the case.

• Discretionary Power: The use of the phrase "if it thinks fit" provides the courts (High Court or Sessions Court) with the discretionary power to grant anticipatory bail. This discretionary power takes into consideration the specifics of each case, ensuring that the provision is not misused and is applied in a manner that serves justice.

• Protection against Arrest: The anticipation of arrest on accusations of having committed a non-bailable offence creates a situation where an individual can seek protection from the judicial system before the actual arrest takes place. This is a crucial provision that protects individual freedom and ensures that the legal process is not used unjustly against individuals.

• Legal Safeguard: Section 438 serves as a safeguard for individuals who might be falsely implicated or are at risk of arrest under non-bailable offences. It allows for judicial scrutiny before any coercive action is taken, ensuring that the rights of individuals are not transgressed by the state or its agents.

The correct answer is 6 months.

Key Points

• Section 446 of the CrPC provides for the Procedure when bond has been forfeited.
• It states that —(1) Where a bond under this Code is for appearance, or for production of property, before a Court and it is proved to the satisfaction of that Court, or of any Court to which the case has subsequently been transferred, that the bond has been forfeited, or where, in respect of any other bond under this Code, it is proved to the satisfaction of the Court by which the bond was taken, or of any Court to which the case has subsequently been transferred, or of the Court of any Magistrate of the first class, that the bond has been forfeited, the Court shall record the grounds of such proof, and may call upon any person bound by such bond to pay the penalty thereof or to show cause why it should not be paid.
  Explanation.—A condition in a bond for appearance, or for production of property, before a Court shall be construed as including a condition for appearance, or as the case may be, for production of property, before any Court to which the case may subsequently be transferred.
  (2) If sufficient cause is not shown and the penalty is not paid, the Court may proceed to recover the same as if such penalty were a fine imposed by it under this Code:
  Provided that where such penalty is not paid and cannot be recovered in the manner aforesaid, the person so bound as surety shall be liable, by order of the Court ordering the recovery of the penalty, to imprisonment in civil jail for a term which may extend to six months.
  (3) The Court may, after recording its reasons for doing so, remit any portion of the penalty mentioned and enforce payment in part only.
  (4) Where a surety to a bond dies before the bond is forfeited, his estate shall be discharged from all liability in respect of the bond.
  (5) Where any person who has furnished security under section 106 or section 117 or section 360 is convicted of an offence the commission of which constitutes a breach of the conditions of his bond, or of a bond executed in lieu of his bond under section 448, a certified copy of the judgment of the Court by which he was convicted of such offence may be used as evidence in proceedings under this section against his surety or sureties, and, if such certified copy is so used, the Court shall presume that such offence was committed by him unless the contrary is proved. 

The correct answer is The Magistrate only where the Magistrate has ordered release on bail.

Key Points

• Section 437 of the CrPC provides for When bail may be taken in case of non-bailable offence.
• Section 437(5) states that:- Any Court which has released a person on bail under sub-section (1) or sub-section (2), may, if it considers it necessary so to do, direct that such person be arrested and commit him to custody.

The correct answer is 441-A.

Key Points

• Section 441-A of the CrPC provides for the Declaration by sureties.
• It states that —Every person standing surety to an accused person for his release on bail, shall make a declaration before the Court as to the number of persons to whom he has stood surety including the accused, giving therein all the relevant particulars.

The correct answer is Option 1.

Key PointsGurbaksh Singh Sibbia v. the State of Punjab (1980) 
The very first landmark judgement was given by the Apex Court is in the case of Gurbaksh Singh v. the State of Punjab. 

• Facts: The Minister of irrigation and power being Mr. Gurubaksh Singh and others from the government were facing serious allegations of corruption and misuse of power. They had  applied for anticipatory bail in the High Court, but it was rejected. They filed an SLP for the Supreme Court to consider the case. 
• Issues:
  • Whether a person can apply for anticipatory bail with the reason to believe being “mere fear”? 
  • Whether the life of anticipatory bail is limited?
  • Whether the Court needs to examine any conditions before issuing anticipatory bail?
  • Whether the Court can limit the anticipatory bail?
  • Whether a Court can grant anticipatory bail after the arrest of a person?
• Judgement: The Court allowed the appeal in part and critically examined the provisions of the Code. The judgement of this case has cleared the prevailing issues on anticipatory bail and has given eight conditions that all the lower Courts issuing anticipatory bail must follow. 
• The Court in its judgement directed that a person cannot necessarily file an application for anticipatory bail with the reason being “fear”. The life of bail can’t be determined as the conclusion of trials can not be assured by the Court.
• The Court has given 8 necessary conditions that all the Courts need to consider before granting bail and has given a statement that there should be a balance between the rights of the individuals and the provisions of police during investigation.
• The Magistrate or a Judge granting anticipatory bail may impose conditions as per the situations and the seriousness of the reason to believe.
• No anticipatory bail can be given by any Court after arrest. The Court has also mentioned that it is at the discretion of the Court as to recall or cancel the bail order of a person. The person should apply for a regular bail under Section 437 of the Code. 

The correct answer is option 2.Key Points

• Under section 438 of Cr.P.C. 1973 Anticipatory bail is a legal provision that allows a person to seek bail in anticipation of arrest for a non-bailable offense. This means that the accused can approach the court before any actual arrest takes place.
• The primary purpose of anticipatory bail is to protect individuals from the possibility of being detained in custody before their guilt is proven, and it allows them to surrender before the appropriate authorities for the purpose of cooperating with the investigation.
• The accused, or their legal representative, files an anticipatory bail application before the Sessions Court or the High Court, depending on the jurisdiction.
• Notice of the anticipatory bail application is typically served to the Public Prosecutor, giving them an opportunity to present their objections, if any.

The correct answer is option 4.Key Points

• Section 437A of criminal Procedure Code 1973 deals with bail to require accused to appear before next appellate Court.
• (1) Before conclusion of the trial and before disposal of the appeal, the Court trying the offence or the Appellate Court, as the case may be, shall require the accused to execute bail bonds with sureties, to appear before the higher Court as and when such Court issues notice in respect of any appeal or petition filed against the judgment of the respective Court and such bail bonds shall be in force for six months.
• (2) If such accused fails to appear, the bond stand forfeited and the procedure under section 446 shall apply.
• The section 437A was Inserted by Act 5 of 2009, s. 31 (w.e.f. 31-12-2009)