In Today’s Friday Read, we will be looking at the meaning of “Granting of Bail” in the Criminal Procedure Code, 1960 (Act 30) (“the Act”).
In simple terms, granting of bail is the process by which a person is released from legal custody. However, for bail to be granted, the accused person undertakes that he or she would be available at such date and time that the court would request for their presence.
One would ask, who grant bail?
Section 96 of the Criminal Procedure Code, 1960 (Act 30) provides an extensive explanation on the concept of Granting of Bail.
1. Subject to this section, a Court may grant bail to a person who appears or is brought before it on a process or after being arrested without warrant, and who
a) is prepared at any time or at any stage of the proceedings or after conviction pending an appeal to give bail, and;
b) enters into a bond in the prescribed manner with or without sureties, conditioned for that person’s appearance before that Court or any other Court at the time and place mentioned in the bond.
2. Despite anything in subsection (1) or in section 15, but subject to this section, the High Court or a Circuit Court may direct that a person be admitted to bail or that the bail required by a District Court or police officer be reduced, although subsection (1) or section 15 provides otherwise.
It is therefore worthy to note that a Court shall not withhold or withdraw bail merely as a punishment.