BAIL AND JUDICIAL DISCRETION – A STUDY OF JUDICIAL DECISIONS

AUTHOR – ZEESHAN LARI, STUDENT OF MASTERS OF LAW, AMITY LAW SCHOOL, AMITY UNIVERSITY, LUCKNOW

BEST CITATION – ZEESHAN LARI, BAIL AND JUDICIAL DISCRETION – A STUDY OF JUDICIAL DECISIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 69-81, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

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. ‘Bail’ is gotten from the old French verb ‘baillier’ which means to ‘give or convey’. 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 certain day and place named. As such, bail is the conveyance of 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 surety is named ‘bail’ in light of the fact that the individual captured or detained is put in the care of those (surety) who get themselves or progress toward becoming bailer for his due appearance when required. Surety must be those people who have specialist to bail the captured individual to show up under the watchful eye of the court on a specific date. It is upon the obligations of those sureties that the individual captured or detained is bailed, i.e., set at freedom until the point when the day designated for his appearance. 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. Bail laws in the United States became out of a long history of English statutes and approaches. Amid the provincial time frame, Americans depended on the bail