The
concept of granting of bail to individuals at pre-trial and under trial stage
is an ever-evolving legal process. Bail plays a primary role in the process of
penology. The legal instrument of bail is dynamic in nature, as it is
transforms according to requirements of a particular country. As far as, Indian
scenario regarding the concept of bail is concerned, it is in a dire need to be
transformed, as its background is of a colonial era legal instrument. Hereby,
it was designed with an imperialist mindset under the Indian British regime.
With the passage of time, as India gained independence, judiciary played a
consistent role in transformation of the jurisprudence related to bail. Indian
judiciary, by way of judicial pronouncements, guidelines and judgements,
considerably liberalised the concept of bail to a certain extent. Along with
that, different dimensions of right to bail in limelight with rights of
under-trial prisoners were outlined by Indian judiciary.
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