Arrest & Regular Bail Lawyer in Delhi Court

The term ‘arrest’ means apprehending of a person by legal authority so as to cause deprivation of liberty.
“Arrest” means “a seizure or forcible restraint; an exercise of the power to deprive a person of his or her liberty, the taking or keeping of a person in custody by legal authority, especially, in response to a criminal charge.”
Basically Arrest means to restrained and detained from his personal liberty by lawful authority. The Purpose of arrest is to produce the accused or suspected person before the court if he committed a crime or suspected and to prevent him from continuing the offence.

Power to Arrest
Arrest can be made by a police officer, magistrate or any private person process mentioned under section 41 to 60A, 151 and 432 (3) Crpc. A police officer is authorized to arrest a person with warrant and without warrant.

The police officer is been authorized to arrest any person without the warrant ordered by the court. Under Sections 41, 42, 151 CrPC, a Police officer may arrest without warrant.
Some factor/condition where police can arrest directly:

1. In any cognizable offence such as murder, rape, kidnapping, theft etc.
2. Arrest can also be done in case, in possession, without, lawful excuse, of any house breaking weapon.
3. Person has been proclaimed as an offender either under CrPC or by order of the State Govt.
4.  If a person is in possession of any stolen property.
5. One who, obstructs a police officer while in the execution of his duty or who has escaped, or attempts to escape, from lawful custody.
6. Who is reasonably suspected of being a deserter from any of the Armed forces of the Union.
7. Who has been concerned in any law relating to extradition.
8. Who, being a released convict commits a breach of any rule made under sub-section (5) of Section 356 CrPC.
9. For whose arrest any requisition has been received from another police officer specifying the person to be arrested and the offence and other cause for which the arrest is to be made.

  
Arrest of a Female:
General rule is that Females are not be arrested without the presence of a lady constable and further no female be arrested after sun-set but there are exception in some cases, where crime is very serious and arrest is important then arrest can be made with special orders and it depends on facts and circumstances of each case. Separate lock ups to be provided for them.
Right of the Arrested Person:

1.  Arrested person has a right to know the ground of arrest. Section 50(1) CrPC provides, “every police officer or other person arresting any person without a warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest.”
2. Article 22(1) of Constitution of India provides, “No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds of such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.”
3. Police should inform at the time of arresting that he/she has right to bail. Section 50(2) of CrPC provides that any person arrested without warrant shall be immediately informed of the grounds of his arrest, and if the arrest is made in a bailable case, the person shall be informed of his right to be released on bails.
4. Arrested person shall not be detained more than 24 hrs, Police must produce the arrested person before the nearest Magistrate within 24 hrs of arrest. The intention is that the accused should be brought before a magistrate competent to try or commit, with the least delay. The right to be taken out of police custody by being brought before a Magistrate is vital in order to prevent arrest and detention, with a view to extract confession or as a means of compelling people to give information.
5. Arrested person has a right to free legal aid. While after the arrest, a person shall have the right to consult and to be defended by a counsel of his choice; arrestee shall be entitled to free legal aid. Apart from ensuring a fair prosecution, a society under the Rule of law has also a duty to arrange for the defence of the accused, if he is too poor to do so. Free legal aid to persons of limited means is a service which the modern State, in particular a welfare state, owes to its citizens (Law Commission of India, 14th Report, Vol. I, pp 587-600).

Bail
The word ‘Bail’ has not been defined anywhere in the Code of Criminal Procedure. Whereas the CrPC classified the offence into two categories, “Bailable” and “Non-Bailable”
Bailable are the offence which comes under first schedule and offence which does not follows under first schedule or any other are non-bailable offence.
Bail in Bailable offences: If a person is arrested by the police officer under non-bailable offence, he shall be released on bail under Section 436 of CrPC. He has right to get released on bail. The arrestee may also released on bail without executing surety bond if he is indigent person. Bail is a right in the bailable offence and not a favour or discretion of court.
Bail in non-Bailable offence: Where person is accused or suspected of a non-bailable offence and arrested or detained he may be released on bail under section 437 CrPC. He shall not be released on bail if he accused of the offence punishable with life imprisonment or with death or previously convicted with the offence of life imprisonment or with death or if he is a habitual offender.

Grounds for denial of bail:

1. If a person violated the conditions of bail-bond earlier the court may denied his bail.
2. If the accused is the habitual offender.
3. If the offence is punishable with the life imprisonment or with death.
4. If he had previously convicted under non-bailable offence.

Bail can also be cancelled under section 437 (5)

1. If the accused founds tampering the evidences during investigation or;
2. if he commits similar or any other offence during the period of bail or;
3. if he had absconded and intentionally delayed the trial or;
4. if he the court finds that the accused is missing the privilege of bail or hampering the law and order in society or;
5. if the life of the accused is in danger;

Special power of High Court and Session Court to grant bail under section 439 CrPC: The High court and court of session has power under this section to grant a bail by imposing any condition and may also set aside the condition imposed by the Magistrate while granting bail.