A Critical Analysis of Judicial Discretion of Granting Bail in India | Original Article

ABSTRACT:

Pre-trial incarceration has exceptionally harsh and merciless repercussions, making an accused person's right to be released on bail critical. If the accessed person's right to bail is refused, he will be exposed to the mental and physical anguish of jail life even though he is deemed innocent until his guilt is proven beyond a reasonable doubt. The Criminal Procedure Code (hence referred to as the code) of 1973 made posting bail a mandatory step. The accused individual holds this as one of his or her most prized rights, claims, or advantages. There are two contradictory demands in the rules of bail, one of which is the need for society to be protected from an accused person's potential mishaps, and the other is the presumption of innocence until the accused is proven guilty. The, Bail provisions combines the goals of justice and individual freedom. According to the 1973 Criminal Procedure Code, there is no definition of bail.