The Indian Constitution gives utmost importance to Personal liberty recognized under Article 21. Deprivation of personal liberty must be based on the most serious and solid considerations relevant to objectives of the society welfare as specified in the Indian Constitution. although the law of the land and Hon’ble Higher courts in various cases have tried to intervene and even have laid down certain guidelines to be followed but unfortunately nothing concrete has been done about it. There is also a powerful need felt for an entire review of the bail system keeping in mind the socio-economic condition of most of our population. While granting bail the court must also check out the socio-economic plight of the accused and must even have a compassionate attitude towards them. A proper scrutiny could also be done to see whether the accused has his roots within the community Which May deter him from fleeing from the court.
“Society has a vital interest in grant or refusal of bail because every criminal offence is an offence against the state. The order granting or refusing bail must reflect perfect balance between the conflicting interests, namely, sanctity of individual liberty and the interest of the society”. – Justice Dalveer Bhandari in S.S. Mhetre vs. State of Maharashtra (2010)
Offence can either be Bailable or Non-Bailable
There are various types of Bail
1. Anticipatory Bail which is also known as Pre-Arrest Bail
2. Regular Bail after Arrest
3. Interim Bail for the certain Period and Certain Purpose
4. Bail After Conviction and parole
Our Team of efficient lawyers deals with Bail Matters with a result oriented approach.