Bail Jurisprudence

  • Deekhsha Sharma, Jammu University
  • September 22, 2020

Content :

The idea of bail rises up out of the contention between the \'police control\' and to limit the freedom of a man who is affirmed to have perpetrated a wrongdoing and the assumption of blamelessness to support him. This paper deals with the study of the Bail system in India. The researcher has laid stress on the law commission reports. The paper also includes various loopholes in the bail system of India. Bail in English Common law is the liberating or setting at freedom a man captured or detained on security or on surety being taken for his appearance on a certain day and place named. As such, bail is the conveyance of a captured individual to his sureties upon their giving security for his appearance at an assigned place and time, to the purview and judgment of the court.  The impact of allowing bail isn\'t to set the detainee free from prison or guardianship, yet to discharge him from the care of law and to endow him to the authority of his sureties who will undoubtedly deliver him to show up in the court at a predefined time and place. The important end product is that it is interested in the sureties to grab the detainee whenever and any release themselves by giving him over to the authority of law and the outcome would be that he (the detainee) would be then detained.