Regular bail of person connected with interest of society
What is Regular Bail?
In general, an individual accused of a crime must be held in the custody of the court until his or her guilt or innocence is determined. However, the court has the option of releasing the individual before that determination is made, and this option is called regular bail. Regular Bail is set by the judge during the accused’s first appearance.
The interest of the Society and bail of an accused are interconnected
The society has a vital interest in grant or refusal of bail because every criminal offense is the offense against the State. The order granting or refusing bail must reflect perfect balance between the conflicting interests, namely, the sanctity of individual liberty and the interest of the society. The law of bails dovetails two conflicting interests namely, on the one hand, the requirements of shielding the society from the hazards of those committing crimes and potentiality of repeating the same crime while on bail and on the other hand absolute adherence of the fundamental principle of criminal jurisprudence regarding presumption of innocence of an accused until he is found guilty and the sanctity of individual liberty.
Personal liberty is the most important fundamental right guaranteed by the Constitution. It is also submitted that it is the fundamental principle of criminal jurisprudence that every individual is presumed to be innocent until he or she is found guilty. He further submitted that on proper analysis of section 438 Cr.p.c. and 439 Cr.p.c the legislative wisdom becomes quite evident that the legislature wanted to preserve and protect personal liberty and give impetus to the age-old principle that every person is presumed to be innocent till he is found guilty by the court.
How court release an accused person on Regular bail?
The courts have several methods available for releasing accused on bail. The judge determines which of these methods is used. One alternative is for the accused to post a bail bond or pledge of money. The bond can be signed by a professional surety holder, the accused, or the family and friends of the accused. Signing the bail bond is a promise that the accused will appear in the specified criminal proceeding. The accused’s failure to appear will cause the signers of the bond to pay to the court the amount designated. The amount of bail is generally an amount determined in light of the seriousness of the alleged offense.
Discretion of the Court
A court exercises its discretion with respect to the allowance of regular bail. In reaching its decision, it evaluates the circumstances of the particular case, including the existence of doubt as to the accused person’s appearance at trial. Unreasonable delay or postponement in the proceeding, which is not attributable to the accused, usually constitutes a ground for bail—in some jurisdictions, by absolute right; more frequently, at the discretion of the court.
In jurisdictions in which it is neither proscribed nor regarded as an absolute right, the grant of bail pending a motion for a new trial, a review, or an appeal is also discretionary. The grant of bail is then determined in light of the probability of reversal, the nature of the crime, the likelihood of the defendant’s escape, and the character of the defendant.
The decision to grant or deny bail is reviewable, but the scope of the review is limited to whether the court abused its discretion in its determination.