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Can A Prisoner Get Bail For Marriage?

  • Writer: lead India
    lead India
  • Jul 4, 2023
  • 4 min read

A bail is a temporary release from the custody of the police where the accused person on bail will be available whenever he is needed for investigation or further proceedings of the court. In the Criminal Procedure Code, the word "bail" is not defined. But the term bail could be understood as when the accused with criminal charges is set free from jail by submitting some kind of security.


An arrest in a criminal case is made to ensure that the accused will be present in court during the proceedings as well as throughout the investigation. In a bail application, the accused will agree to be presented in court or at the police station without having to go to jail.


How Can One Apply for Bail?

In order to apply for bail, the accused is required to sign the bail bond, which is a legal document, and submit the required amount, which is specified in the bail bond. Also, two sureties are required to be there who will have to take the guarantee of the accused person that he will come to the court or police station whenever he is required to be present during the investigation of the court proceedings.


What Is A Bail Bond?

A bail bond is an agreement that shall be signed by the accused to appear during the trials as well as the investigation by paying a certain amount for the bail bond. The bail bond would have some other conditions, such as the person would not be able to go out of the country during the bail, etc.


If the accused fails to comply with the bail bond, a warrant can be issued against him to arrest him.

If a Bail Could Be Granted In Any Type Of Case?

Two types of offenses have been mentioned under the Indian penal code: bailable offenses and non-bailable offenses. The bail could be granted in both cases, but in bailable offenses, the bail shall be claimed as a matter of right, while in non-bailable offenses, the bail shall be a matter of discretion of the court.


Generally, non-bailable offenses are less serious in nature, so there is no difficulty in taking bail for these types of offenses. A person can file an application under Section 436 of the CrPC at the police station or in the respective court. The main reason behind bail for a bailable offense is that the accused is not found guilty as the court's trial is still ongoing.


In the event that a person is sent behind bars, his right to life and personal liberty will be affected. Hence, bail would play a crucial role by filling the surety bond, ensuring that the person on bail would come to the court or police station for further investigation or proceedings.

  • Section 436(A) Of The Criminal Procedure Code: Section 436(a) was included in the CrPC after the amendment in 2005. It mentions the length of custody of a person during trial. As per the section, if the accused has spent half of his sentence in jail due to charges imposed on him, he could be released on bail.

  • Section 437 Of The Criminal Procedure Code: Section 437 of the CrPC provides for bail for non-bailable offenses. The accused would have to submit an application for bail to the magistrate. For bailable offenses, bail is not a matter of right. Granting bail shall depend upon the discretionary powers of the magistrate.

Conditions For the Rejection Of a Bail

The magistrate would have to check the conditions required for granting bail for non-bailable offenses. The magistrate shall not grant bail under CrPC if:

  • The punishment for the offence is 7 years or more than 7 years

  • In case of sedition

  • The accused committed crimes against the human body, such as rape, murder, etc.

  • The accused committed serious crime against property

  • The accused has been involved in a case of abatement or criminal conspiracy

Cancellation of the Bail

  • The power to cancel all kinds of bails lies with the court of law and not the police officer.

  • Only the court that granted bail in a case can cancel it.

  • The court of the magistrate cannot cancel the bail granted by the police officer.

  • The High Court as well as the Sessions Court would have the power to cancel bail that has been granted by the police officer.

If bail could be granted for marriage,

In a recent judgment, the High Court of Bombay observed that a prisoner could be allowed the benefit of parole for his own marriage. The petitioner's attorney cited the 2013 SC Raj 1381 ruling in Sanjay Gafudiya v. State of Rajasthan, where the prisoner was granted a 3-week release for his marriage.


For further information on the subject, you are advised to seek the legal opinion of an experienced advocate who could offer you reliable legal assistance.


Lead offers you a team of experienced advocates who have been successfully dealing with cases involving criminal and civil cases. Hence, if you wish to seek free legal advice or talk to a lawyer about matters involving civil or criminal cases, such as Court marriage in Faridabad, Court marriage in Jaipur, Court marriage process Delhi, you may contact us.


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