“BAIL AND JUDICIAL REVIEW”

AUTHOR- MOHAMMAD AZEEM CHAUDHARI* & MS. ASTHA SRIVASTAVA**

*LLB, AMITY LAWS SCHOOL

** ASSISTANT PROFESSOR OF AMITY LAWS SCHOOL, AMITY UNIVERSITY LUCKNOW, UTTAR PRADESH

BEST CITATION – MOHAMMAD AZEEM CHAUDHARI & MS. ASTHA SRIVASTAVA, “BAIL AND JUDICIAL REVIEW”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 392-406, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The institution of bail and doctrine of judicial review are core principles of a democratic justice system, particularly in the context of constitutional and criminal law. Bail is a legal mechanism to secure the freedom of an accused pending trial, upholding the presumption of innocence and safeguarding citizens from excessive pre-trial confinement. Judicial review, by contrast, acts as a constitutional check whereby superior courts can examine the legality and justice of judgments made by subordinate courts and executive organs, such as orders for the grant or withholding of bail. The balancing act between bail and judicial review assumes a critical role where the cases involve constitutional rights, procedural impropriety, and legal process abuse. This abstract discusses the development of bail jurisprudence in terms of constitutional provisions, judicial principles, case laws, and international human rights standards, and examines how judicial review serves as a corrective and supervisory device in ensuring that bail orders are made justly, equitably, and within the scope of the law. Stress is given to the judiciary’s role to achieve a balance between personal freedom and public interest, particularly under special laws, and protection of rights of marginalized and undertrial groups through its judicial review power.KEYWORDS: Bail, Judicial Review, Criminal Justice, Personal Liberty, Fundamental Rights, Constitution of India, Pre-trial Detention, Anticipatory Bail, Judicial Discretion,