Published Paper Details:

The concept of the bail involves two conflicting concerns- an individual's right to liberty and his right to be presumed innocent until proven guilty against the society's interest in maintaining law, order and security. The custody of a person pending the completion of trial may cause great hardship to that person which may include loss of liberty, livelihood during that period. The object of keeping an accused person in detention prior to or during the trial is not punishment but to prevent repetition of offence with who is charged, to seek the presence of the accused during the trial and to prevent destruction of evidence. According to the Supreme Court of India, Bail is devised as a technique for effecting a synthesis of two basic concepts of human values, namely the right of the accused person to enjoy his personal freedom and the public interest; subject to which, the release is conditioned on the surety to produce the accused person in the court to face the trial. The current scenario on bail is a paradox in the criminal justice system, as it was created to facilitate the release of accused person but is now operating to deny them the release.