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Taking Bail Seriously

Taking Bail Seriously

  • ₹995.00

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  • Author(s): Lokendra Malik, Salman Khurshid
  • Brand: LexisNexis
  • Edition: 1 Ed Rp 2021
  • ISBN 13 9789388548809
  • Approx. Pages 468 + Contents
  • Format Hardbound
  • Approx. Product Size 24 x 16 cms
  • Delivery Time Normally 7-9 working days
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The state of Bail jurisprudence in india
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Description
Bail is a very important subject in the criminal justice system of a country. For a reasonably longtime, bail has been considered as a rule, and jail an exception in the Indian criminal justice system.1 The main object of ball is to ensure presence of the accused before the court of law where he/she faces the trial, and makes himself/herself available to the court for serving the sentence if convicted,' In a constitutionally-controlled criminal justice system like ours, there has always been a balancing approach between the liberty of the accused and the collective interests of the society which requires a fearless environment.3 Both arc equally important considerations. However, sometimes it becomes very difficult for the adjudicators to maintain a fine balance in this process as the whole process is determined through discretion that has to be exercised keeping in view the facts and circumstances of each case. In a number of cases, die Supreme Court of India has also followed a balanced approach regarding bail jurisprudence that was accordingly followed by the lower courts throughout the country as per the mandate of Article 141 of the Constitution but despite all this confusion still remains in the system and different kinds of approaches are visible in the judicial system when we go through the bail adjudication process and practice. It is a matter of fact that mostly the bail adjudication depends on the facts and circumstances of each case and it is very difficult to lay down specific guidelines that could be followed uniformly throughout the country in bail matters. Initially, for two or three decades, a liberal approach for granting bail continued but thereafter things changed differently, and the bail jurisprudence got a new shape. With the enactment of a number of special legislations that restricted bail, a visible change has been noted in the adjudication of bail applications throughout the country that has changed the bail jurisprudence up to a large extent.4 In the current scenario, a strict approach has been observed in the bail jurisprudence. However, recently the Supreme Court of India has suggested that a humane attitude needs to be adopted by a judge while dealing with an application for remanding a suspect or an accused person to police custody of judicial custody. 
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Contents
1.       INDIA'S  BAIL JURISPRUDENCE:  NEED  FOR  URGENT AND COMPREHENSIVE REVAMP
2.       ROLE OP POLICE AND THE LAW OF BAIL IN COMMON LAW JURISDICTIONS (WITH
          SPECIAL REFERENCE TO INDIA)
3.       BAIL APPLICATIONS: AN INEQUALITY OF REMEDIES
4.       BAIL OR JAIL; SUPREME COURT ON BAIL
5.       BAIL OR JAIL: THE ANTINOMIES IN LIBERAL THEORY AND THE WAY FORWARD
6.       JUDICIAL DISCRETION IN GRANT OF BAIL
7.       A COMPARATIVE SURVEY OF THE LAW OF BAIL IN INDIA AND CANADA
8.       BAIL IS THE RULE AND JAIL THE EXCEPTION: AN INQUEST OF JURISPRUDENTIAL FACTORS IN
          GRANTING BAIL TO POOR OR DEEMED INDIGENT ACCUSED 
9.       BAIL AND JAIL: DIMENSIONS OF LIBERTY JURISPRUDENCE IN INDIA
10.     TREATMENT OF FOREIGN NATIONAL PRISONERS APPLYING FOR BAIL UNDER INDIAN CRIMINAL
          JUSTICE SYSTEM
11.      SEEKING CONSISTENCY IN BAIL JURISPRUDENCE 
12.      ELECTRONICALLY MONITORED BAIL IN INDIA: PROSPECTS AND CONCERNS 
13.      BAIL LAWS AND POVERTY
14.      BAIL ORIGIN, SIGNIFICANCE AND TRENDS.
15.      TRANSIT BAILS AND REMANDS: AN ALBATROSS HUNG IN THE NECK:
16.      ANTICIPATORY BAIL EVOLUTION, PHILOSOPHY AND UNCEASINGLY SHIFTING JURIDICAL
           DISCERNMENT 
17.     LAW RELATING TO DEFAULT BAIL IN INDIA
18.      BAIL AND TERROR OFFENCES: AN ANALYSIS
19.    LAW AND PRACTICE OF ANTICIPATORY BAIL
20.     PERSONAL LIBERTY VERSUS SOCIETAL INTEREST: THE STATE OF BAIL JURISPRUDENCE IN INDIA
21.      BAIL UNDER PREVENTION OF MONEY LAUNDERING ACT, 2002: A CRITICAL ANALYSIS OF
           NIKESH TARACHAND SHAH JUDGMENT
22.      EPILOGUE: BAIL, OR JAIL?
SUBJECT INDEX
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Author Details
Salman Khurshid 
Lokendra Malik

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