Judicial Discretion In Grant Of Bail

Dakshq Baweja, O.P Jindal Global Law School

The term 'bail' is derived from the old French verb' baillier,' which means 'to provide or convey. Bail is the release of a detained individual to his sureties in exchange for security for his attendance at a specific location and time, subject to the jurisdiction and judgment of the Court. The Criminal Procedure Code establishes the regulations for granting bail, which governs bail procedures in India. The Court has been given considerable discretion over the amount of security, which means it can impose a monetary limit on the bond (SECTION 436-450). The exceptions specified in Section 437 of the code specify when a person can plead guilty to a non-bailable offence. Obtaining bail in such instances is not a right but a matter of the bench's discretion, which is primarily dependent on whether they believe the applicant is qualified for bail1. This paper aims to determine the significance of discretionary power of the judiciary in the matter of bail.