“Considerations In Grant Or Denial Of Bail: Recent Judicial Trends”

Abstract

This article is an attempt to sensitize the readers towards law relating to grant of bail in India. Endeavour is made to enumerate and state factors that are determining in grant or refusal of bail. It further discusses the manner of categorization of offences under the statute in context of bail. It is an attempt to bring objectivity in exercise of this discretionary power by Courts of Law on the material considerations that have a role to play, in individual cases. The aim of present study is to suggest a Standard Operating Procedure for exercise of discretion efficiently and purposefully, so as to cut down variance in grant and refusal of bail observed in diversified decisions, presenting a rational operation and execution of law relating to bail. Underlying intent of present work is to ascertain some mechanism to avoid abuse and misuse of exercising the power of granting/refusing bail (arbitrarily), and to limit its unpredictability as also to address the vulnerability/plight of undertrials.