Article 14 of the Constitution provides that the State shall not deny to any person equality before the law or the equal protection of the laws within the territories of India. According to Article 19 of the Constitution, all citizens shall have the right to move freely throughout the territory of India. As per Section 21 of the Constitution, no person shall be deprived of his life or personal liberty except according to procedure established by law.
The provisions regarding bail are essentially part of the law under which a particular trial is held. The commission of an offence does not ipso facto carry with it a right of bail. Such a right is dependent on the provisions contained in a statute and to a statute alone can the court look for any right which the offender claims.
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Bail can be claimed as of right by an accused person in all bailable offences as provided by the Code of Criminal Procedure. The grant of bail to a person accused of a non-bailable offence is discretionary under Section 437 of the Code.
Personal liberty is too precious a value of our constitutional system recognized under Article 21 of the Constitution. The Courts have to zealously guard it against any onslaught from any quarter.
Detention or arrest before judgment is permitted in the Code of Criminal Procedure not as punishment for the offence alleged but only to ensure the immediate availability of the accused for the necessary processes of investigation and to secure his attendance at the trial.
Bail means security with sureties. The Code of Criminal Procedure provided the provisions to release the accused on bail except in cases of hideous offences where the refusal of release on bail is fair, just and reasonable.
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It appears that the release on bail is to protect and effectuate the right to life and liberty of the citizens guaranteed by Article 21 of the Constitution. They can also have the right to move freely throughout the territory of India as per Article 19 of the Constitution when they are granted release on bail without conditions.
