Life and personal liberty are recognized as inviolable rights of
every person under the Constitution of India
("Constitution"). Article 21 thereof
provides, "No person shall be deprived of his life or
personal liberty except according to a procedure established by
law". The concept of bail has a direct nexus to Article
21 of the Constitution. Hon'ble Supreme Court1 has recognized that bail acts a
safeguard to the right of personal liberty enshrined under Article
21 of the Constitution.
No definition of the term "bail" is provided under the
Code of Criminal Procedure, 1973
("CrPC"). However, slight clarity on the
meaning of bail is attempted to be provided through judicial
interpretation. As per the Hon'ble Madras High Court2, bail connotes the process of
procuring the release of an accused charged with certain offence by
ensuring his future attendance in the Court for trial and
compelling him to remain within the jurisdiction of the Court. The
provision for bail
