Importance Of Bail

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The Importance of Instrument of Bail The importance of the instrument of bail can be well imagined from the facts that from the initial stage of accusation at Police Level to Apex Court and right for direction for anticipatory bail to special powers of High Court and Court of Session to grant bail and writ of Habeas Corpus and Certiorari have been provided to restore the liberty of the individual. Instrument of bail is a counter to the interest of society and the individual interest can be sacrificed for the interest of society. That is why the instrument of bail is cautiously granted by the authorities. It is Herculean task to keep the balance between these two contrary rights and the Rule of Law is the only yardstick to perform this task…show more content…
State of Madhya Pradesh, (1979) I SCR 335 apex court ruled that the relevant bail provisions to rigorous analysis, and by a process of close legal reasoning, succeeded in expanding and liberalizing the age old concept of bail so as to make them more responsive to the needy and poor. The Supreme Court of India address to three main issues in granting of bail more meaningful, practical and more useful for each and every citizen. (i) Whether a person charged with a bailable offence can be released on his own bond without sureties? (ii) In case the bail is granted with sureties, what should be the criteria for qualifying the amount of bail? (iii) Whether a surety can be rejected simply because he or his estate is situated district or a State of the Country. FACTORS CONTRIBUTING TOWARDS DEVELOPMENT OF LAWS RELATING TO BAIL IN INDIA History is replete with innumerable examples of ordeals that an accused person had to go through during his trial. It is only by accident that we can get a glimpse of the common cause of business, by which the ordinary thieves or murders were brought to justice. Ailvard’s case was a Crown and that in the struggle between the King and the suspected man; all advices are to be secured to the King, whose safety is far more important to the public than the life of such a questionable person as the…show more content…
In England it has been left principally to individuals who consider themselves to have been wronged, the judge’s duty being to see fair play between the prisoner and the prosecution even if the prosecutor happened to be the crown (Accusatorial system). (b) The development of physical sciences: the rapid growth of physical sciences and indeed of every branch of knowledge which has been one great characteristic of the history of the last two centuries naturally influenced the administrative of criminal justice as well. In criminal trials, questions of fact came to be investigated in the same spirit as other matters of fact. Prisoners were allowed to make their full defense by counsel. (c) The tremendous empowerment of the state: a remarkable change in the configuration of states marked the arrival of the eighteenth century. Countries began to have specific configuration. They began to have a strong army and organized the police on which the government could rely. The maltreatment of the individual at the hands of state agencies in criminal matters became a common feature. It was realized that the state had become capable of inflicting so much harm on an individual accused of a crime that the need to arm him with some presumptions in his

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