Granting bail is the rule
Updated:
Updated:
December 28, 2020 23:44 IST
The refusal to grant bail deprives individuals of liberty by confining them in jails without trial and conviction
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Supreme Court of India in New Delhi. File
| Photo Credit:
V. Sudershan
The refusal to grant bail deprives individuals of liberty by confining them in jails without trial and conviction
Discussions on bail reform usually arise when exceptional cases capture public attention. However, bail reform must begin by addressing two key facets of the criminal justice system: judicial discretion and monetary surety bonds.
Judicial discretion
The power to grant bail is a discretionary power vested in judges and it is meant to be exercised liberally. The Supreme Court has consistently reiterated that “bail is the rule, jail is an exception”. The primary purpose of bail is to ensure the accused person’s compliance with investigation, and subsequent presence at the trial if they are released after arrest. The refusal to grant bail deprives individuals of liberty by confining them in jails without trial and conviction.