• MAMATHA.R

Abstract “He does not stay in jail because he is guilty, He does not stay in jail because any sentence has been passed, He does not stay in jail because he is any more likely to flee before trial, He stays in jail for one reason only – because he is poor....” Justices Bagavathi Every citizen of India has a fundamental right to freedom guaranteed under Article 21 of the Indian Constitution, which specifically states, "No person shall be deprived of his life or personal liberty except according to procedure established by law." The issue of undertrial prisoners is a very serious one impacting the right to life and personal liberty. Bail is the process of release from jail or before arrest. Bail in law means procurement of release from prison of a person awaiting trial or an appeal, by the deposit of security to ensure his submission at the required time to legal authority. Many times the judge’s order of the monetary value of the security known as the bail, or more accurately, the bail bond, is set by the court having jurisdiction over the prisoner. This bail system causes discrimination against the poor since the poor would not be able to furnish bail on account of their poverty while the wealthier persons otherwise similarly situated would be able to secure their freedom because they can afford to furnish bail. Due to poverty, they stay in jail for many years, and this violates their right to life. The law does not allow the concept of money for bail but has been practised by the courts in India. This paper tries to analyse the problem of the deposit of money to the court in exchange for their freedom and the role of the superior court in protecting the fundamental freedoms of the citizens.

Bail, Right to Life, arrest, Jail, etc

"MONEY DEPOSIT AS A PRE-CONDITION FOR BAIL - A CRITICAL ANALYSIS", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.10, Issue 7, page no.f742-f749, July-2023, Available :http://www.jetir.org/papers/JETIR2307594.pdf

"MONEY DEPOSIT AS A PRE-CONDITION FOR BAIL - A CRITICAL ANALYSIS", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.10, Issue 7, page no. ppf742-f749, July-2023, Available at : http://www.jetir.org/papers/JETIR2307594.pdf