Direct answer
Section 15(3) empowers the AFT to grant bail to an accused in military custody, with or without conditions. The statutory proviso and individual facts apply; this is not a general bail forum for every civilian FIR involving a soldier.
Legal position and important distinctions
Identify whether custody is under military authority or an ordinary criminal court. The offence, evidence, duration, trial progress, flight risk and service circumstances can matter. The reasonable-grounds proviso for offences punishable with death or life imprisonment needs particular examination. After conviction, suspension of sentence raises a distinct procedural question.
Distinguish accusation, trial and punishment
Identify the actual custody, proceeding and final-order status. Army, Navy and Air Force law can differ. Charge validity, evidentiary reliability, defence opportunity and proportionality are distinct grounds. Record requests for authorised copies if the proceedings are unavailable, and do not expose classified material in a public post.
Keep the judicial request focused
Identify the charge, challenged finding and specific supporting pages. Explain the prejudice caused by an omission. Bail, imprisonment suspension, conviction challenge and service consequences of dismissal are different remedies. A main appeal may need a separate interim application. Calculate limitation after confirming the court-martial category, statutory exclusions and proper remedy.
Comply with the actual order
Release or interim protection carries conditions concerning reporting and subsequent hearings. One type of relief does not erase every disciplinary consequence. A separate civilian prosecution retains its own competent court and bail requirements.
Practical steps
- Document the custody authority, charges and stage.
- Prepare bail grounds and workable safeguards.
- Apply in the competent jurisdiction with supporting evidence and affidavit.
Documents to collect
- Custody order and charges
- Proceeding or trial status
- Medical, proposed surety and address evidence
Hypothetical illustration
A soldier is in magistrate-ordered custody in a civilian police case. Military employment alone does not establish AFT bail jurisdiction.
Avoid this mistake
Bail does not amount to acquittal or termination of disciplinary proceedings.
Official sources
- Armed Forces Tribunal Act, 2007 — sections 2, 3(o), 14–15, 19, 21–24, 29–32
- Army Act, 1950 — persons covered, termination, absence, military discipline and court martial
Legal disclaimer
This article provides general legal information and the author’s general analysis, not individual legal advice. Reading it does not create an advocate–client relationship or guarantee an outcome. Rules, policies and judgments can change. Before acting, obtain qualified advice on your documents, applicable dates, jurisdiction and time limits.
Source check: 1 November 2026.