Who Commits Crime – It was widely assumed that poverty bred crime and that most crime and the most crimes are committed by Young Men with Lower – Class backgrounds. This assumption was based on statics showing that the majority of those who were arrested, convicted, and imprisoned.
I found that the children most at risk of becoming delinquents and criminals face the following circumstances :
– They are physically and emotionally rejected by their parents.
– They receive little Love, affection or warmth.
– They grow up in homes with considerable conflict, marital discord.
– They are inadequately supervised by parents who fail to teach them right and wrong.
History Of Bail :- The concept of bail can traced back to 399 BC, When Plato tried to create a bond for the release of socrates, the modern bail system evolved from the series of laws originating in the middle ages in England. In 1976 the Bail act,1976 came into force.
The Legal Position In INDIA :- The Code Of Criminal Procedure 1973, does not define bail, although the term bailable offence and non-bailable offence have been defined in sec 2 (a) crpc as follows : – ” Bailable offences means an offence which is shown as bailable in the first scheduled or which is made bailable by any other law for the time being enforce, and non-bailable offence means any other offence. Sec – 436 to 450 set out the provisions for the grant Bail and Bonds in criminal cases.
The bail comes into play after some has been arrested and charged with a criminal offence. After people have been arrested and brought to the police station and the formalities are completed, sometimes including finger-printing, they must immediately be released unless there is a good reason to keep them in jail until their trial release act this stage is called ” police – Bail ” and it is denied when the offence is very serious, when the accused are considered dangerous or likely to commit more offences before trial, or where there is reason to believe they will not show up for trail people who are kept in Jail by the police must be brought before a judge with 24 Hours, or as soon as a Judge becomes available on week ends or in special circumstances at this first hearing , the accused plead guilty and can ask the judge to grant then Bail, which is also called ” Judicial Interim Release ” until the time of the trial if Bail is refused, the untried accused, Many of whom are later found innocent of all charges are kept in prisons until Trial for periods Ranging from a few days to 6 months or more.
Bail System in India: Bail Is broadly used to refer to the release of a person charged with an offence, on his providing a security that will ensure his presence before the court or any other authority whenever required. The Monetary value of the security, known also as the bail, or more accurately, the bail bond, is set by the court having jurisdiction over the prisoner. The security, may be cash, the papers giving title to property, or the bond of private persons.
Law Lexican Defines – Bail as the security for the apperance of the accused person on which he is released pending trial or investigation. The amount of Bail, should of course, be sufficient to assure the attendence of defendant upon the court when it is required. Court has greater discretion to grant or deny Bail in case of persons under Criminal arrest. When two or more cases are pending against a defendant , the fact that Bail in one case, considered by itself, is reasonable, does not prevent the collective amount required in the several cases from being excessive.
Conclusion : – These factors to be taken into consideration in determining the amount of Bail are :-
– Nature of Offences
– Health of Accused
– Penalty for the offence charged
– Reputation Of the Accused
– His history & Family Ties & Relationships
– His employment status and his financial condition
– The length of his residence in the community
In the famous cases Maneka Gandhi v. Union Of INDIA
justice Krishna Iyer once again spoke against the unfair system of Bail that was prevailing in India even Justice P.N Bhagwatia also spoke about Unfair System Of Bail.
Further in Hussainara khatoon and others v. Home sec, State of Bihar
The state court laid down the ratio that when the man is in Jail for a period longer than sentences. He is liable for then he should be released.
Neha Khatri (Advocate)
(DELHI HIGH COURT)
Master of Law (LL.M.)
UNIVERSITY OF PETROLEUM AND ENERGY