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 LEGAL RATIONALE BEHIND BAIL



Bail means release of an accused from prison awaiting trial or on appeal, by the deposit of security to confirm his appearance at the desired time before legal authority. The monetary value of the security, also known as the bail, or, the bail bond, is fixed by the court having jurisdiction over the prisoner. The security may be cash, the title papers of the property, or the bond of private persons of means. If the accused released on bail fails to surrender, himself on the date of hearing fixed by court it would result in forfeiture of the security. Court has discretion to deny bail if the accused is arrested on serious charges which should be considered on a case-by-case basis.


Unless the person furnishes the required bail, the accused arrested on a criminal charge may be held for trial. If accused wants to be released on bail, the accused must provide money or other security that the court holds until all proceedings and trials related with the accused are complete. Concept of bail is based on following principles:

  • Innocent people should not be imprisoned

  • Arrest without trial is violative of the principle of  rule of law

  • It takes a lot of expenditure to keep people in prison

  • It can be a financial hardship on the defendant's family if the accused is unable to work


Those accused who are remanded into custody are afforded less opportunity to prepare their case, and as a result there is far less conviction rate. Normally, Bail should not be fixed higher than an amount which may be necessary to guarantee the accused’s appearance before the court. If the accused does not appear before the court, any money or collateral held by the court may be forfeited as a penalty. Everyone is not entitled for bail. Individuals who are dangerous to the society may be denied bail. Accused's connections and proximity to the community and financial status are important at the bail hearing.



BY NEERAV KHARE

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