Analysis Of Bail Regime In India: A Mockery Of Justice System

Suryansh Shukla, B.B.A. LL.B., Indian Institute of Management, Rohtak

Sakshi Kumari, B.B.A. LL.B., Indian Institute of Management, Rohtak

ABSTRACT

Bail involves submitting a personal bond or assurance that the guilty person will comply with court requirements and appear in court. Just because a person has been charged with a crime does not mean that they must be held in custody indefinitely. The Hon’ble Supreme Court of India ruled in Babua Tazmul Hossain v. State of Orissa1 that pre-trial imprisonment should not be revived as a punishment measure. Bail should be granted to the accused to better plead their case, with the exception of jails, unless there is a reason to believe the accused will not face trial or it is not in the best interests of society. The trial court and High Court judgements on bail differ significantly. In most circumstances, when the trial court rejects the bail plea, the High Court accepts the bail. The trial judge dismisses the bail petition, along with other petitions, without expressing any judicial opinion. There is a clear need for a thorough reform of the bail system, taking into account the socioeconomic status of the majority of our population. When granting bail, the court should consider the accused’s socioeconomic situation and show compassion towards them.