How To Get Bail In A Life Imprisonment Case?

In India, facing a sentence of life imprisonment is indubitably one of the most serious legal problems that an individual may be confronted with. Such sentences, being reserved for the gravest offenses, create an existence whereby it is commonly believed that bail is impossible in all cases of life imprisonment. However, not only is this false, but provisions arise under which bail is also sought in the Indian legal system even for a convict or accused whose crime is punishable under the category of life imprisonment.

This article aims to demystify ways of bail in life imprisonment cases by exploring the following:

• Definitions of Life Imprisonment: Myths and misunderstandings regarding the definition of life sentences under Indian Law.
• Life Imprisonment and Death Penalty: Differentiating between these two serious punishments.
• Legal Grounds for Bail: Possible situations that a court may observe while granting bail for life-sentence cases according to the case's stage, nature of the offense, humanitarian factor, etc.
• Procedural Steps: The bail application process, including recruitment of criminal lawyers and drafting of necessary documents.
• Suspension of Sentence: Mechanisms through which appellate courts may suspend sentences pending their appeal.
• Judicial Precedents: Landmark judgments of the Supreme Court and High Courts that have had bearing on their approach toward granting bail for life-imprisonment cases.

Meaning Of Life Imprisonment

Life imprisonment is one of the most awful punishments in the Indian criminal system-making it so that, apart from under law, there is no other freedom for any convict. As described in Section 4(f) of the Bharatiya Nyaya Sanhita, 2023 (BNS), which supersedes Section 53 of the Indian Penal Code (IPC), life imprisonment means that, normally speaking, the convict shall suffer incarceration during the whole of natural life, except when the appropriate government commutes or remits the sentence. There is a general misbelief that life imprisonment really means a mere 14 years of imprisonment. Life imprisonment, in reality, means that the convict would remain incarcerated throughout his natural life unless granted remission by the government.

Earlier provisions under Sections 432 and 433 of the Code of Criminal Procedure on remission and commutation are now subsumed under Sections 473 and 475 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

The Indian Supreme Court has sought to elaborate this interpretation through different rulings, an important one being the Muthuramalingam v. State decision (2016). Put simply, the Court reiterated that life imprisonment means if a man is detained, that man is going to spend his entire life behind bars unless there is some lawful commutation. There are distinct differences between life imprisonment and death penalty which is assigned only in cases that fall within the frame of “rarest of rare” and consequently executed. In life imprisonment for convicts, it is just a little lower than capital punishment. It is an extremely serious and deterrent penalty awarded in especially heinous crimes such as murder, rape, or terrorism-associated crimes.

Life Imprisonment vs. Death Penalty

Main Considerations For Granting Bail

1. Stage of the Case

Before conviction (undertrial) – Bail is available but the court considers factors like the gravity of the offence, the likelihood of absconding, and tampering with evidence.

After conviction (post-trial) – only after an appeal is made in a higher court under Section 389 of CrPC seeking suspension of sentence.

2. Nature and serious charges of the offence

Life imprisonment classes offences such as terrorism, mass executions, and rapes; making bail ndifficult.

3. Strength of the Evidence

When evidence from the prosecution is weak and circumstantial, courts may allow bail.

4. Delay in Trial

Inordinate delays in the trial are subject to bail under Article 21 (Right to Life). So long there is no fault on the part of the accused.

5. Health and humanitarian grounds

Bail may also be granted in cases where the accused is severely ill or aged, more so in cases of prolonged pre-trial detention.

Legal Framework For Bail In Life Imprisonment Cases

Now the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) governs the legal framework concerning bail in life imprisonment cases. The BNSS now replaces the Code of Criminal Procedure of 1973 provisions regarding bail in such cases, as they relate to the old Sections 437, 439, 389 and 436A of the CrPC renumbered under the BNSS:

The bail application shall lie under Section 480 of the BNSS-which corresponds with Section 437 of the CrPC-in cases where an accused acquires the status of being an undertrial. It empowers Magistrates to grant bail, but in the case of offences punishable with death or life imprisonment, the accused can only be released under extraordinay circumstances such as being a woman, a minor or suffering from illness or infirmity.

For serious offences, bail may be applied for in a Sessions Court or to a High Court under Section 482 of the BNSS, which replaces Section 439 of the CrPC. By this provision, the higher courts have been granted the power to give bail when the punishment is life, but it required judicial prudence, especially in matters of very nasty offences. Factors like the severity of the offence, evidence available, interference with investigation or trial, and absconding risk are examined by the courts.

Section 473 of the BNSS (in place of Section 389 CrPC) would apply to stray cases where the accused has already been convicted and sentenced to life imprisonment. This section grants power to appellate courts to suspend the sentence and allow the convict to be released on bail pending appeal. This power has normally been used by the courts sparingly and only in warranted instances such as the probable years it might take for the appeal to be cleared or the convict having served a considerable amount of time already in custody.

Furthermore, it will start becoming relevant when the undertrial has undergone custody for a length of time exceeding one-half of the maximum punishment laid down for the offence in Section 479 of the BNSS, replacing Section 436A of the CrPC. However, in life imprisonment cases, since there is no defined maximum upper limit, this is applicable to a very limited extent unless there is a remission or commutation.

Thus, the current provisions under the BNSS are in continuity with the legal principles under the CrPC but having different section numbers with similar interpretative foundations. The same established judicial guidelines are followed by the courts to ensure that bail in cases of life imprisonment is granted only where an individual deserves it, striking a balance between individual liberty and the interest of justice.

Steps To Obtain Bail In Life Imprisonment Cases

• Hiring a Criminal Lawyer

An experienced criminal attorney is indispensable in such serious situations. They scrutinize the FIR, charge sheet, and relevant legal provisions; the experienced attorney helps identify lacunae or weak evidence hampering a bail application.

• Bail Application Preparation

The lawyer drafts a bail application under BNSS—Section 482 (for undertrial) or Section 473 (for convicts). The application must state clearly the reasons why bail should be granted. It should include the facts of the case, the nature of the offense, and prior behavior. The tone has to be persuasive but legally sound.

• Supporting Documents

Important documents such as a copy of the FIR, medical records if pleading on health grounds, and proof of residence must be attached. This enables the court to verify identity and appreciate the context. In post-conviction cases, duration of custody prior to the application and documents relating to the appeal are also included. Sound documentation only buttresses the bail application.

• Hearing and Counter Arguments by the Public Prosecutor

Once filed, the court entertains arguments from either side. The Public Prosecutor would typically state the reasons bail should not be granted in light of particularly serious offences. The court would then weigh the severity of the crime, risk of flight and possibility of witness tampering. If aggrieved, it may order the accused to be released on bail, with strict conditions attached, including surety or even submitting his passport.

List Of Important Documents Required For Bail In Life Imprisonment Cases

A strong bail application requires appropriate documents that will help the court look into the merits of the bail application and also evaluate whether the accused person would be a danger if released.

Ordinarily, these documents will include:

• A copy of the FIR and the charge sheet of the police
• Medical certificates or health reports (for the bail application based on medical grounds)
• Proof of residence and identity of the accused
• An affidavit of undertaking to the effect that the accused will not abscond or tamper with evidence
• Any previous orders regarding bail, if any
• List of prosecution witnesses examined, if any (if the trial is still in progress)
• The appeal papers (in case of post-conviction bail with the suspension of sentence)

These documents need to be collated with caution to create a comprehensive and credible application.

Understanding Suspension Of Sentence

A convict of life imprisonment can neither go directly for bail under any of the general provisions applicable to bail nor can he lead any other course amounting to such an appeal for bail suspension of sentence under Section 473 of the BNSS (formerly under Section 389 CrPC). Under this provision, the appellate court may suspend the sentence for a period while the appeal is pending.

The suspension of sentence may be ordered if:

• The appeal is likely to take a long time for disposal.
• The person has already undergone substantial periods of imprisonment.
• There are existent health or humanitarian grounds.
• There is a lack of compelling evidence demanding the continued custody of the applicant.

Despite the precedents and requirements, suspension of sentence is not an automatic relief; it goes through a deeper scrutiny and is granted cautiously in serious matters.

Recent Supreme Court And High Court Rulings

The Indian courts have pronounced some very pertinent and critical judgments with regard to the issue of bail concerning the cases of life imprisonment. These judgments often balance the rights of the accused with those of justice.

One remarkable case is Sonadhar v. State of Chhattisgarh (2022). Here, the Supreme Court granted bail to a convict sentenced to life imprisonment, who had completed more than 10 years under trial. The Court opined that loitering long in custody due to pendency of appeals would amount to an infringement of personal liberty, particularly when there are no visible signs of soon bringing the appeal to the hearing stage.

The case was that of Binayak Sen v. State of Chhattisgarh (2011), very much talked about for the Supreme Court granting bail notwithstanding serious allegations under UAPA. Bare possession of those documents or by indirect linkages do not amount to sedition or active criminal involvement, as observed by the Court.

Another landmark case is Kashmira Singh v. State of Punjab (1977), wherein the Supreme Court ruled the granting of bail to a convict sentenced to life imprisonment on the fact that his appeal had been pending for several years. The Court held that unless the case fell into the “rarest of rare” category, continued incarceration without hearing the appeal would be inappropriate.

These judgments show that while the courts have a distinct approach to bail as regards cases of life imprisonment, they equally cater to the protection of individual liberty where there is evident procedural delay or weak evidence or humanitarian grounds.

Conclusion

Life imprisonment cases are difficult to be granted bail, but with good legal representation, supporting documents, and good causes and which may include health issues and delays in a trial, an accused may still be able to get bail. Recent judgments are clear that Indian courts were still sensitive towards the long detention and infringement of fundamental rights, especially when there is still an appeal in it or when the evidence is weak.

Disclaimer: This content is for informational purposes only and does not constitute professional advice...