2.2 Safeguard through Bail Proceedings Every arrested person has been conferred with right to seek bail. If the arrest is for an offence that is categorized as a bailable offence (the Code of Criminal Procedure lists-out in the classification of Offences provided in the First Schedule, the offences that are bailable and those that are non-bailable) the accused has an absolute right to be released on bail, subject to requirements of bail conditions. Section 436 provides the law relating to bailable offences. Similarly, S.437 that relates to non-bailable offences, is also couched in a language that permits release on bail subject to stringent statutory conditions. However, as the right to be released on bail is considered an important incident of presumption of innocence of the accused, it is vital for the judicial authorities to view bail right in this light. It is interesting that S.436 A, introduced in 2005 recognizes the right of every under-trial to be released on bond, with or without sureties, only if he has remained under detention for a period that is half of the maximum period for which the accused could be sentenced. This provision is likely to have a salutary effect on prison over-crowding as well. Safe Guards through Bail Proceedings Amendments: Criminal Amendment 2009 CrPC Sec 437A (1) Before conclusion of the trial and before disposal of the appeal, the Court trying the offence or the Appellate Court, as the case may be, shall require the accused to execute bail bonds with sureties, to appear before the higher Court as and when such Court issues notice in respect of any appeal or petition filed against the judgment of the respective Court and such bail bonds shall be in force for six months. Judgments: 1. Sanjay Chandra Vs. Central Bureau of Investigation (2012): Supreme Court held that gravity alone cannot be decisive ground to deny bail. 2. Sushila Aggarwal vs State (NctOf Delhi) (2020): Supreme Court held that bail cannot be limited to a fixed period and that Anticipatory Bail extends upto the whole trial. 3. Mithabhai Pashabhai Patel and others Vs. State of Gujarat ( 2009): Accused who has been granted bail cannot be taken into police custody for further investigation unless bail is cancelled. 20