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Role of Courts in granting Bails and Bail Reforms

Bail Reforms is supposedly one of the few most important topics in the Code of Criminal
Procedure. The noise revolves around the role that court plays in granting such bails. This project
tries to explain this concept of bail and bail reforms and their legal implications. It sheds light on
the present Indian scenario and while doing so also addresses the recent provisions in this regard.
Bail is a generic term which means the judicial release from custody. The release on bail in a
criminal case after furnishing the required bond is recognized as the fundamental aspect of
Human Rights. The Code of Criminal Procedure lays down the norms of granting bail and bonds
in section 436 to 450. But there is no definition of the word bail in the Code of Criminal
Procedure, 1973. The offences are however classified as Bailable and Non-Bailable. Article 21
of the Constitution of India provides complete safeguard to every Indian Citizen, irrespective of
caste, creed and color – the rich, the poor alike for the protection of life and personal liberty.
Bail is thus a grant of conditional liberty to an accused who assures or on whose behalf assurance
is given that he would be present at the trial. Bail may thus be regarded as a mechanism whereby
the state devolutes upon the community the function of securing the presence of the prisoner and
at the same time involves participation of the community in administration in justice.
The Author of this present project topic will delve into the role of criminal courts in granting bail
to the accused and will also make an in depth analysis of loopholes in the Bail Laws and certain
reforms required to make the system more full proof.
Reformulation of bail provisions in the Code may alone be not sufficient to make the system of
bail function with a purpose. A serious effort of securing public support and participation in the
administration of criminal justice, coupled with necessary legislative, executive and judicial
powers to act effectively are most warranted. Such an effort alone can help in fulfilling the
preconditions required for smooth operation of the bail system. The object and purpose of bail
have always been intelligible in the criminal law jurisprudence.


Tanraj Singh Sehmbey and Samarth Vikram Singh

R129214058 R129214041
B.Com LLB (5th Sem) B.Com LLB (5th Sem)