Dr.Ram Manohar Lohia National Law University, Lucknow.

Session 2018-19

Role of Courts in Granting Bail and Bail Reforms

Synopsis: Criminal Procedure Code
Submitted to: Dr. Prem Kumar Gautam

Author: Abhishek Rishishwar (160101004), Semester V, RMLNLU, Lucknow.

 ACKNOWLEDGEMENTS
This is not just a customary acknowledgement of help that I received but a sincere
expression of gratitude to all those who have helped me complete this project and made it seem
apparently more readable than otherwise it would have been.

I am in debt to my faculty advisor Dr. Prem Kumar Gautam for giving such an
interesting and amazing topic ‘Role of Criminal Courts in Granting Bail and Bail Reforms’
and making it seem easy by lucidly explaining its various aspects. I would like to thank him for
guiding me in doing all sorts of researches, suggestions and having discussions regarding my
project topic by devoting his precious time.

I thank R.M.L.N.L.U for providing Library, Computer and Internet facilities. And lastly I
thank my friends and all those persons who have given valuable suggestions pertaining to the
topic and have been a constant source of help and support.

Thanking everyone,

Abhishek Rishishwar
Roll Number: 04
Semester V
 OBJECTIVES

Bail Reforms is supposedly one of the few most important topics in the Code of Criminal
Procedure. The hullabaloo 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. Thus the further objectives are-

 To understand the concept of bails.

 To analyze the concept Bail System in India.
 To understand the concept of Anticipatory Bail.
 To scrutinize related judicial pronouncements.
 Evaluation of Bail System in India and the required Bail Reforms.

RESEARCH METHODOLOGY

Laymen tend to believe that good ideas just come to an academic author who possesses a
holy spark. To refute this view is just as difficult as it is to establish that new ideas are invariably
the outcome of meticulous work. Undoubtedly inspiration plays an important role in the selection
by an author of a fruitful area for research and is indispensable for recognizing and developing a
good idea. In its absence a fascinating topic may receive a mundane and boring treatment.

George III is reputed to have said that-

“The lawyers do not know much more law than other people but they know better where
to find it.”

The researcher has adopted the doctrinal methodology and has based her research mainly on
secondary sources of information like books, articles, judgments and internet. The author has
done extensive research on Role of Courts in Granting Bail and Bail Reforms in this project.
For this purpose, the author has relied on both primary as well as secondary sources.
 TENTATIVE CHAPTERIZATION

1. Acknowledgements.

2. Objective .

3. Methodology.

4. Chapters

 Chapter 1: Introduction.

 Chapter 2: The Concept Of Bail .

 Historical Aspect Of Bails

 History Of Bails In England
 History Of Bails In India

 Chapter 3: The Bail System In India: Policy And Role Of Courts.

 The Legislative Base
 Judicial Policy And Role Of Courts

 Chapter 4: Anticipatory Bail .

 Nature And Purpose
 Judicial Approach

 Chapter 5: Evaluation Of Bail System In India And Bail Reforms Required To Fill
The Loopholes
 Evaluation Of Bail System
 Bail Reforms

5. Conclusion – Summing Up.

6. Bibliography.
 INTRODUCTION
Bail though primarily a legal term, has acclaimed usage both by law men and lay men. It
however, has not been statutorily defined. Conceptually, it continues to be understood as a right
for assertion of freedom against the state imposed restraints. The main purpose of arrest of
an accused is to secure his presence on trial and to ensure his being available for
punishment on conviction. If the presence of an accused at his trial can be ensured by
means other than his arrest or detention, it would be quite possible to allow him the
enjoyment of his liberty during his trial. One of the ways to prevent unnecessary
deprivation of the liberty of an accused is ‘BAIL’.

Literally the expression Bail denotes a security for appearance of a prisoner for his release.
Etymologically, the word is derived from an old French verb ‘bailer’ which means to give or
to deliver, although another view is that its derivation is from the Latin term bajulare meaning
to bear a burden.

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 colour – 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.