Explainer: Rahul Gandhi got bail on the amount of 10 thousand, how is this amount decided

Surat court convicts Rahul Gandhi for the maximum sentence of two years in the defamation case. However, shortly after that, the court granted him bail for 15 minutes on an amount of Rs 10,000. His sentence has been suspended for 30 days so that he can appeal against the sentence in a higher court.

After sentencing Rahul, the court has given bail on the amount of 10 thousand. The amount of bail varies from crime to crime and case to case. Why is it different, on what basis it is decided. know about

Question – What is bail and bail amount?
– Bail is the property that is deposited or promised to be given before the court to release the person accused of a crime from prison. Bail is given both before the sentence and after the sentence.
Usually, when the courts sentence a person, then if his sentence is minor and not cognizable, then he is given bail for the period he gives for appeal in the next apex court, for that period, he also gives bail on the amount fixed by him. . However, the bail amount is decided by the court many times and many times there are such cases that the bail is also obtained from the police station.

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Question – The amount of bail usually varies, how is it decided?
– When the bail is for the period of appeal in the next court after appearing in the court or after being sentenced by the court, then it is decided by the court that what will be the bail amount.

Question – For some cases, this amount is 1000-2000 rupees and in some it is in lakhs. How is this decided?
Retired Judge Sabhajit Yadav of Uttar Pradesh says that when the court has to fix the bail amount, it considers many things. For example, how serious is the crime or punishment of which situation. What is the condition of the second one who is being granted bail. How much bail amount will be suitable for him. Sometimes this bail amount is also decided by looking at the financial status of the person.

Question – Does it mean that there is no fixed amount, it is completely decided by the discretion of the judge or court?
– It is exactly the same, the amount of bail mentioned in the above conditions of bail is decided at the discretion of the court or judge. He decides that the person who is being given bail, how much bail amount should be given to him. It depends on the status of the person as well as on the propensity of his crime and punishment.

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Question – Rahul Gandhi has been granted bail for 30 days on a bail amount of Rs 10,000. Meanwhile, he will have to appeal in the higher court. So the decision of this amount must have been decided by the will of the judge. What does the law say on this.?
– It is decided according to the discretion of the judge, so in the case of Rahul Gandhi also, the work of fixing the amount of 10 thousand for his bail for 30 days was done through the court. Of course, the court must have fixed this amount only after looking at his sentence and condition. In this case, the law allows the judge to decide at his discretion.

The amount of bail varies for violent crimes. Some bail cases are done from the police station itself but in most cases you have to appear before the court. (representative picture)

Question – Does this security deposit also get refunded?
– Exactly because this amount is deposited as a security, so if that security is not broken and the rules of bail are followed, then this bail amount is returned.

Question – Generally, the maximum bail amount is Rs 10,000 on conviction in non-violent cases, but what is it in other cases?
– If a person is charged or convicted of non-violent behavior and the court is giving him time to appeal, this amount is a maximum of Rs 10,000 but violent offenses come with a higher bail amount. In this, the criminal may have to pay Rs 70,000 or more. In cases of financial fraud, the bail amount runs into lakhs.

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Question – What are the terms or conditions while being released on bail?
Being released on bail means that there are limits to your freedom. You can be barred from leaving the country and traveling without permission. When necessary, it has to be produced before the court or the police.

Question – What are non-bailable cases?
Legal experts say that there are two types of cases – bailable and non-bailable. Generally, cases of minor offenses like assault, threatening, causing death by negligence etc. come under the category of bailable offences. A list has been made in CrPC as to which offenses are bailable. In such cases, the accused has the right to bail. On arrest, bail can be obtained from the police station itself. The in-charge of the police station can ask to fill the bail bond and bail is granted after filling the bail bond.

Question – Which cases are considered serious and bail is not granted?
Usually in the police station, in normal cases bail is obtained from Bail bond but in all other cases one has to go to the court. Then the court sees whether bail can be granted or not. In non-bailable cases, if the judge or magistrate feels that the punishment may extend to death or life imprisonment, then he does not grant bail. However, many times bail has been granted after applying for bail even in cases with provision of life imprisonment or death sentence. Session Court can grant bail in any serious case but the decision depends on the merit of the case.

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