Bail Case Study

CHAPTER –X

CONCLUSION

I. EVALUATION OF THE LAW OF BAILS

The law governing bail in India is inadequate uncertain and above the ground. The working of the system is also unsatisfactory. The administration of criminal justice has recognized that a bail decision is a recurring one, which takes place through a number of distinct stages. It also recognizes that pre trial release by the police on bail is within the purview of the bail system. Further bail can be granted before the accused makes an appearance before the court or before the verdict of the trial is passed and even after he has been declared guilty and convicted in order to enable him to avail the appeal process.

The practice of releasing on bail has assumed the form wherein an accused

In a common law, a surety was essential to bailout a person, which was later dispensed with. However, the code of criminal procedure never spelled out the requirement of a surety as a precondition for release on bail though in practice the courts grant bail only on the accused’s furnising a bond with

It is being suggested that the provisions of anticipatory bail be kept out of the domain of bail altogether. However, the withdrawal of the scheme will not be justified in any way.

In sum, the confusion in the concept of bail and also in the working of the bail system is largely the result of a basic misunderstanding of the concept and the lack of its proper formulation under the code. A new law on the subject alone can ratify the errors. However, a proper functioning of the bail process in our legal system should guarantee the existence of changed social facts, which may be prerequisites for a successful functioning of the bail