Provisions & Issues Relating to Bail Laws In India

Authors

  • Dr. Ravi Kumar Tyagi Assistant Professor Dept. of Law, OPJS University Churu (Rajasthan) https://orcid.org/0000-0002-4288-7928
  • Manish Kumar Aggarwal Ph.D. Scholar, OPJS University Churu (Rajasthan)

DOI:

https://doi.org/10.53724/jmsg/v4n3.04

Keywords:

Accused, Lease Laws, Issues, Poor People, Bills & Laws

Abstract

The primary object, to hold and arrest a person accused, is to ensure that his / her appearance is at the time of trial and to ensure that in case he/she is convicted guilty he is available to receive the result. The common question is that if the presence of the accused before the court of law could reasonably be ensured without captivating him, it would be unjust and unfair to deprive the accused of his liberty during the pendency of the criminal proceedings against him. The release on the lease is very important to an accused because the result of pre-trial detention is itself very critical as the accused will be subjected to the psychological and physical deprivation of jail life, the accused will lose his / her job, and prevents him from contributing effectively to the preparation of his defense and most importantly the burden of detention often falls on the innocent members of his family. The article briefly tries to discuss the impact of the law in India on its poor subjects, by briefly emphasizing the history of the lease system to the current prevailing practice in India.

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References

Govind Prasad v. State of West Bengal 975 CRI LJ 1249, 1255 (Cal).

Mr. Ram v. The province of Madhya Pradesh 1978 4 SCC 47.

EBabu Singh v. State of Punjab AIR 1978 SC 527.

Legal Affairs v. Amiya Kumar Roy Choudhury (1974) 78 CWN 320, 325.

N. Not worth v. The Directorate of Enforcement 1997 Cri LJ 2120 (Mad).

Gurbaksh Singh Sibbia v. The State of Punjab AIR 1980 SC 1632.

Husainara Khatoon v. Home Secrets, State of Bihar AIR 1979 SC 1360.

Anurag Baitha v. The State of Bihar AIR 1978 Pat. 274 (FB).

Lot v. State 71 CLT 813.

E-Moti Ram v. The state of Madhya Pradesh1978 4 SCC 47.

Published

30-01-2019

How to Cite

Dr. Ravi Kumar Tyagi, & Manish Kumar Aggarwal. (2019). Provisions & Issues Relating to Bail Laws In India. Jai Maa Saraswati Gyandayini An International Multidisciplinary E-Journal, 4(III), 11–15. https://doi.org/10.53724/jmsg/v4n3.04

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