Criminal Law

Indian criminal jurisprudence has provided scope for the concept of bail, which is a well settled principle of law through the plethora of judgements. It also has a place within the scope of human rights under the United Nation Declaration of Human Rights 1948, which India is also a signatory to. Bail is essentially the releasing of a person from prison while he is awaiting his trial or an appeal filed, thus making it a conditional liberty. Bail is a sort of trust reposed in the accused by the court and if it is found that he has betrayed this trust in any manner or he has misused the liberty granted by the court, he disentitles himself to the privilege so granted. The granting of bail lies at the discretion of the Court and it is upon the facts and circumstances that the Court awards such grant of bail or anticipatory bail as laid in the case of Sanjay Chandra vs CBI. The primary purposes of bail was identified as discharging the accused persons from imprisonment, relieving the State from the burden of holding him/her and also to ensure the attendance of such accused persons awarded bail. The time period to dispose of a bail petition was prescribed as one week in the case of Aasu vs. State of Rajasthan.