BAIL – A RIGHT OR A REMEDY
Not only advocates, nowadays everyone knows about the term bail. Bail is usually termed with criminals. Whether a right or a remedy but it’s serving to the person committing a criminal offense or termed as a prisoner. The Apex Court of India in the case of Kamlapati v. State of West Bengal, defines bail as “a technique which is evolved for effecting the synthesis of two basic concepts of human value, viz., the proper of an accused to enjoy his personal freedom and therefore the public’s interest on which a person’s release is conditioned on the surety to supply the accused person within the Court to face the trial.”
BAIL- A RIGHT
Not most are conscious of the very fact that under Article 21 “the right to bail” may be a constitutional right. Article 21 includes certain rights of the prisoners. Surprisingly a prisoner possesses many rights and amongst them the “Right to bail” is additionally present. During a case law named as Anita Khuswaha vs Pushpa Sadan (AIR 2016 SC 3506), the Supreme Court implied that Protection of Article 21 is extended towards the convicts and even the under-trials. it had been readily considered that even the convicts or lodged in jail still considers being a person’s being. It doesn’t take away the rights of being a citizen and he should continue to enjoy all the elemental rights. After considering all the certain rights “Right to Bail”. In 1978 a case took place named as Babu Singh vs State of UP (AIR 1978 SC 572), Supreme Court implied that the court is not allowed to refuse grant bail without any reasonable grounds with lead to deprivation of his “personal liberty” under Article 21 of the Constitution of India.
BAIL- A REMEDY
Bail is employed when an individual commits a criminal offense under legal code as said earlier. In a case law i.e. State of Rajasthan vs. Balchand, the Supreme Court laid down that the essential rule is bail, not jail, except where there are circumstances implicational fleeing from justice or repeating offenses or intimidating witnesses and therefore the like. The term bail isn’t defined under Cr.PC. Bail may be a quite security which is given by the accused to the court that he will attend the proceedings against the accusations made upon him and include personal bond and bail. Bail may be a mechanism that wants to make sure that the accused is present before the court. The two authorities which will grant bail are police and courts. The essential and fundamental object of bail is to make sure the attendance of the accused at the trial before the court. The sections from 436 to section 439 affect the provisions of bail. The power of bail is allotted to the High Court and Court of Sessions.
Therefore it is concluded as both as remedy and right of a prisoner. If a person is in custody then, therefore, he does not stop being a human being. His fundamental rights should remain untouched. As well as the concept of bail is that it acts as security lodged by the accused person on the idea of which he is often released on a short-lived basis but must appear in court whenever required by the court. the method of bail takes place while the trial of the accused person remains pending. Generally, an individual seeks this feature so as to urge himself released from police custody.