The recent verdict in a
corruption case, wherein the convict was released on “Bail”
(the terminology that was used by the so called press) by the Hon'ble Supreme Court, literally speaking
the word/terminology “Bail” pronounced, whether applicable,
is the question behind this article.
Before interpretations,
the formal thesis of law like that of the universe defines that everything has three stages, likewise the
array of crime and its punishment’s are divided into three stages, namely Suspect, Accused
and Convict. As like all, the terminology Bail
has three stages. The first two stages shall be called and defined as Bail and
the third stage shall not be termed Bail, which is the
urging point of this article. The interpretation is the first two is
called Release on Bail and the third is called
“Release on Probation” / "suspension of punishment" (a provision with a limited preview) - the right terminology that is to be used and
not otherwise.
As Interpreted by law
and its definition, a Suspect
can seek Bail,
anticipating his/her arrest, which is Anticipatory Bail
(even though the Cr.P.C defines no such terminology “Anticipatory Bail”
but still we generally call it so). An Accused
seeks the court to release him/her on Bail, on the principle that
he/she shall be released on Bail, with or without
condition, till the verdict is confirmed by the court, as judgment. The third
is a Convict
who shall seek the court to release him/her only on Probation but not on Bail or for suspension of punishment".
Nowhere in the Cr.P.C can we find the provision to release a Convict on Bail.
As enumerated by law a Suspect
and an Accused
can
seek Bail,
but not a Convict.
The Convict’s
only remedy is to seek the court to suspend the conviction and release him/her on
Probation.
The Conviction of a court can be suspended in two ways, (1) by an application
to release on Probation and (2) by way of an
Appeal.
If no application for suspension is entertained immediately by the conviction court, the only option for the Convict
is to prefer an appeal and seek suspension. A note for clarity that just because the conviction order of the lower court is appealable, it
doesn’t mean that the Convict is entitled to Bail
automatically, that is to procedurally state, if the application for suspension is allowed then the Convict is no more a Convict
but an Accused
and being an Accused, now he /she is entitled
to the terminology Bail. – A fair definition in my opinion
