A CRITICAL STUDY OF BAIL TRENDS IN INDIA

Abstract

Bail is a Release of the convicted person to submit a personal bond or assurance to comply with the conditions imposed by the court and to appear before the court. Just because a person is accused of a crime, an endless period of time is not required to hold the individual in custody. The Hon'ble Supreme Court of India held it in Babua Tazmul Hossain V. State of Orissa[1] that it is well known that pre-trail detention should not be reinstated as a punishment measure. The accused should also be granted the privilege of bail to better defend his case if Bail is a law and jails as an exception, unless the courts have a reason to assume that the accused would not stand at his trial or that it is not in the interest of society to grant bail as such.There are substantial differences are found in the judgments regarding the bail of the trial court and the High Courts. In most of the cases it has been observed that in cases where the trial court rejects the bail plea, bail is accepted by the High Court. The trial court dismisses the bail petition like other petitions without mentioning any judicial view.There is a strong need felt for a complete review of the bail system keeping in mind the socio-economic condition of the majority of our population. While granting bail the court must also look at the socio-economic plight of the accused and must also have a compassionate attitude towards them.