Right to Bail

What is the relation between Right to Bail and Article 19 & Article 32? 


Right to get bail!

Art 19 is about the fundamental rights and the restrictions thereof.  Bail is not a part of it!

Bail emanates from Art 21. Liberty,

Means, liberty also includes the right to be free and not restricted or restrained by the state, even if you are accused of an offence.
So, everybody is assured of personal liberty, and provision for bail emanates from that!
Art 32, as all of you is about the remedies that are available to secure this FR, that is thru knocking the door of the courts.
So, if anybody is denied bail by the sessions court, he can go before the HC or SC to seek that right!


@Doesn't it also cover Article 22, protection from arrest?
Art 22 is a follow up of Art 21, where it mentions, how the right to liberty can be restrained in certain cases, so that nobody can restrain you in violation of the procedure established laid down!! For example, no police officer, however powerful he is, or army officer, can arrest you in violation of the provision of Art 22!

Art 436 A of Crpc states that the undertrial should be let go on a bond... if the person  has completed half the term of the sentence that would be awarded for that offence. Sir in connection to this, can the person approach the SC under Art 32? I read an article stating that this comes under right to bail
Shruti, you are right. After section 426A, in there is a violation of that law, it becomes a violation of personal liberty without sancion of law! So, the concerned can seek remedy under Art 32.


@Death sentence and art21? how far the liberty  of an individual can be considered if he has done inhuman acts like mass murder or rape..

No freedom is absolute. So, art 21 does not apply to persons who are convicted under existing law!
So, any person can be deprived of his life or liberty, according to procedure established by law!
So, art 21 is not incongruent to death sentences!


Evolution of bail

lets go back in time! Lets understand how this bail issue came up.we are all free citizens and may never go to jail in our lifetime!
For a minute imagine yourself being confined in a room, for days, for months.
then you will realise the value of liberty!
In those days, liberty was trampled by the kings, who had the power.
so, one of the foremost concern of the common man was, how to escape the tyranny of the king/govt, when he can be put in jail on any reason!
there was nobody to question it! He may spend rest of his life in jail or get killed!
It was so important, that in magna carta, they mentioned that: No man shall be arrested or his liberty curtailed, unless his peers agree to that!
later, in 1600 AD, the English jurisprudence divided the offences into two categories:
offences, which are light in nature, and for whom the accused can be set out on a bail bond.
Offences which are heinous in nature, where the accused cannot be released in bail.
Thus came the division of bailable and non-bailable offences.
Later even in the non-bailable offences, the discretion to give bail or not is given to the Judge.
meaning: In the offence is bailable; then the accused has the right to come out on bail. The police themselves can release him on bail.!
If its non-bailable, then bail is NOT a right, but still one can get bail, in the discretion of the court.