Bail Jurisprudence

Bail Jurisprudence

Bail is a conditional release of the person whose trial is pending in the court of law. Bail is a bunch of pre-preliminary limitations that are forced on a suspect to guarantee that they won’t hamper the legal interaction. The term “bail” has been deduced from the French word “bailer” which means “to deliver” or “to give” Bail is the restrictive arrival of a litigant with the guarantee to show up in court when required. A bail bond can be in the form of a money deposit or property. It is the guarantee that the person will appear in the court as and when required and if the person fails to do so his bond is forfeited by the court and a warrant is issued against the person.

If the suspect appears as and when required, the bail is returned on the completion of the trial, in certain nations bail is bound to comprise of a bunch of limitations that the presume should keep for a set timeframe. The amount of bail depends on the severity of the crime the person is accused of.  Pre-trial detentions have always been questioned on the fact that the liberty of a person who might be innocent might be put in jeopardy. Jail is a form of deprivation of liberty of an individual hence it is necessary to strike a balance. Indian law assumes that a person is innocent until and unless pronounced guilty. The idea of bail can follow back to 399 BC when Plato attempted to make a security for the arrival of Socrates. The advanced bail framework developed from a progression of laws beginning in medieval times in England.

In medieval England, circuit courts existed where the judge used to go and preside over a case, meanwhile the prisoners awaiting trial were abandoned in prisons in unhygienic conditions which led to the fact that they started contracting diseases.  Slowly and gradually the concept developed where a prisoner was allowed to go on certain security that the person will return as and when required in the court of law. Later the concept of money introduced which led to the fact that the amount will be forfeited in case the person fails to mark his presence in the court.

The English courts use check boxes for recording the grounds and the purposes behind not conceding bail. There is a utilization of a standard example that records out the different purposes behind not allowing the bail. These structures fluctuate in their exact arrangement, however in substance they are no different either way as every one of them set out the justification for rejecting bail in one section, and various potential explanations behind the discoveries those grounds set up in another segment. The choice is recorded by checking the pertinent box in every segment. Be that as it may, the choices recorded on standard structures may be in danger of being described as “theoretical” or “generalized”, and accordingly lacking. The nature of the reasons given straightforwardly mirrors the nature of the dynamic interaction.

Aishwarya Says:

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