INTRODUCTION to concept of Bail in India:
The concept of bail, which is an basic part of the Indian criminal jurisprudence and it is well recognized principle among all the judicial systems of the world. Bail is mainly used to refer to the release of a person charged with any offence, on his providing a security/surety that will ensure his presence before the court or any other authority as and when required. Krishna Iyer J., remarked that the subject of bail “….. belongs to the blurred area of criminal justice system and largely hinges on the hunch of the bench, otherwise called judicial discretion. The criminal procedure Code is cryptic on this topic and the Court prefers to be tacit, be the order custodial or not. And yet, the issue is one of liberty, justice, public safety and burden of public treasury all of which insist that a developed jurisprudence of bail is integral to a socially sensitized judicial process.”
In a Bailable offence the bail can be claimed as a right of the accused person however in case of a non-bailable offence the releasing of the accused person on bail is upto the discretion of the court.