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Bail On Bail Essay

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Introduction “Innocent until proven guilty yet languish in jail till released on bail” Bail is practical device for relieving an accused person in custody of incarceration and consequently, the state of the burden of keeping him, as well as for securing his appearance at a criminal proceeding. The accused is freed from undue strains on his personal liberty. The principal aim of bail is removal of restrictive and punitive consequences of pre-sentence detention of the accused. Bail is granted to secure the freedom of the world at large. Refusal of bail is not for punitive purpose, but for the bifocal interests of justice to the individual involved and the society affected. A person enlarged on bail is not under imprisonment so long as he is on bail, though he cannot be regarded to be completely free. His personal liberty stands restricted even when bailed out. Bail is thus a conditional liberty. A custodial arrangement is settled and the custody of the accused is transferred from the state to either the self or his surety, generally a friend or relative. Surety, in whose friendly custody the accused is delivered, may be described as a ‘Jailor’ of his own choosing, who has dominion and control over …show more content…

Without proper identification of the different issues, the court may not be able to decide either bail or jail correctly. How to develop the fixed standard as to which variable or value shall be compared. The different cases shall have different story. The criminal footing may be different in every event and cases. The guidance to grant or refuse the bail can be drawn by the nature and seriousness of the offence, but the effect in the society cannot be easily identified. What are needs of the accused and what are the demands of the society and what are the legal hurdles? These concepts are easy to explore, but appropriate answers thereto are rather difficult to

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