Shubham Dular, National Law University, Delhi
ABSTRACT
This paper discusses the monetary and surety conditions put in the bail order by the courts in India. This paper also discusses how these conditions are resulting in virtually denial of bail. This paper also discusses the judicial trends in granting of these conditions
INTRODUCTION
“ The issue of bail is one of liberty, justice, public safety and burden of the public treasury, all of which insist that a developed jurisprudence of bail is integral to a socially sensitized judicial process.”
The criminal justice system of India is based on the cardinal principle of criminal jurisprudence that an accused is innocent in the eyes of law until proven guilty. Bail is the rule and jail is the exception. Article 21 of the Constitution of India gives the fundamental right of speedy and fair trial. Even after so many years of Independence bail is still the exception and jail is the usual rule and the trial of the accused takes so many years to conclude. When the accused commit an offence he has the right to apply for bail but this right of the accused to get bail is decided on many considerations. The conditions attached to the bail can be varying from bail bond and surety bond which is the discretion of the court and the surety bond can be equivalent to the property of the surety. In country like India where most of the population lives in below poverty line and with difficulty meet their daily ends, it is very difficult for them to arrange a surety bail bond whose property is equivalent to the surety’s property. The court also orders large sum of money in personal bond bail which is very difficult to arrange. The court also many of the times doesn’t accept the surety who is outside the jurisdiction of the court in whose territorial jurisdiction the bail is furnished.
Comments