IMPOVERISHED JUSTICE: UNRAVELLING THE LAYERS OF BAIL AND JUDICIAL DISCRETION

AUTHOR – SHIVANSHU GUSAIN, STUDENT AT GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY

BEST CITATION – SHIVANSHU GUSAIN, IMPOVERISHED JUSTICE: UNRAVELLING THE LAYERS OF BAIL AND JUDICIAL DISCRETION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 01-13, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

“The main objective of bail is neither punitive nor preventive, but only to witness whether the accused appears to take part in the trial.”– Justice G.S Singhvi

The theoretical aspect of the Indian Bail system protects the rights of the individuals and ensures fair treatment to all citizens, but the practicality shows poor implementation of the bail laws specifically while dealing with the poor or under-trials. Indian Judiciary plays a crucial role while granting bail, but they do not take into consideration socio-economic disparities of the economically marginalized. In a system where financial resources often dictate access to justice, individuals without means are disproportionately disadvantaged. As these people suffer to afford legal representation, paying sureties is even more difficult for them. Equality means to be treated as equal based upon the circumstance of the person. The Lower Level of Judiciary has shown only through a few circumstances where they have granted bail to poor or marginalised thus, adding a lot of burden to the High Courts and the Apex Court which shows shortfalls in the Bail System leading to delay in trials due to overcrowded courts and lengthy legal procedure. There are potential methods to change the situation of the current system which are highlight in the research paper. It advocates for reforms aimed at enhancing access to legal aid for the economically disadvantaged, streamlining bail procedures to expedite hearings, and implementing mechanisms to ensure fair and consistent application of bail laws across different socioeconomic groups. It advocates for reforms aimed at enhancing access to legal aid for the economically disadvantaged, streamlining bail procedures to expedite hearings, and implementing mechanisms to ensure fair and consistent application of bail laws across different socioeconomic groups.