India endured a surge in bail appeals post 2020, as per the High Court dashboard by DAKSH, a think-tank dedicated to legal and justice system reforms. A comprehensive analysis of 9,27,896 bail cases filed during 2010-2021 across 15 High Courts indicated a distinct naming trend of these cases and unveiled 81 types associated with bail in the courts studied.
Statistics Related to Bail Appeals
The annual rate of bail appeals escalated from around 3.2 lakh to 3.5 lakh before 2020 to between 4 lakh to 4.3 lakh after this time, from July 2021 to June 2022. Therefore, there has been a surge in pending bail appeals in India’s High Courts. The number has skyrocketed from nearly 50,000 – 65,000 to approximately 1.25 lakh – 1.3 lakh.
There was no uniformity in the distribution of caseloads across various High Courts. For instance, in states like Patna, Jharkhand, Odisha, Madhya Pradesh, and Chhattisgarh, bail appeals constituted over 30% of the total caseload between July 2021 and June 2022.
On the other hand, the median disposal time for regular bail applications varied among different High Courts. Certain High Courts had notably higher disposal times, raising concerns about potential interruptions in the resolution process. Moreover, delay in deciding on bail applications is equivalent to refusing bail since the accused remains in custody during this period.
Interestingly, data also underscored the ambiguity about the results of bail appeals in High Courts. In almost 80% of the disposed bail cases across all High Courts, the result of the appeal, i.e., if it was granted or denied, remained unclear or absent.
Reasons behind the Surge in Bail Appeals
There were increased cases connected to violations of Covid-19 lockdown protocols during the pandemic, which might have contributed to the spike in bail appeals. Also, disruptions in court operations could have led to the pile-up of pending bail appeals.
However, it is difficult to pinpoint an exact cause from the available court data. The Epidemic Diseases Act, 1897, may have also played a role in this surge. Although 77% of regular bail cases didn’t mention the specific Act under which the accused was detained, analysis of the remaining 23% revealed the Epidemic Diseases Act as the fourth most common reason. This suggests a probable surge in cases under this Act contributing to the rise in bail appeals.
Bail and its Various Types
Bail refers to the conditional/provisional release of a person under legal custody. The person is expected to appear in the Court as when required after depositing security/collateral with the Court for release.
Types of Bail in India include:
1. Regular Bail: A directive by any Court within the country to let loose a person held under arrest and kept in police custody. An individual can file an application for such Bail under Section 437 and 439 of the Code Of Criminal Procedure (CrPC), 1973.
2. Interim Bail: Temporary bail granted by the Court until the application seeking Anticipatory Bail or Regular Bail is pending before a Court.
3. Anticipatory Bail or Pre-arrest Bail: A legal provision allowing an accused person to apply for bail even before getting arrested. In India, pre-arrest bail is granted under section 438 of the CrPc, 1973.
4. Statutory Bail: Also known as default bail, statutory bail is provided when the police or investigative agency fails to file its report/complaint within a certain timeframe.
Article 21 of the Indian Constitution ensures the right to life and personal liberty for all. This fundamental right promotes human dignity, personal freedom and entitles every person to seek bail if detained by any law enforcement entity.