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  • Asia Law House's Supreme Court On Bails by V. K. Dewan

The concept of bail is closely related to Article 21 of the Constitution, which safeguards the personal liberty of a person from his detention and declares that no person shall be deprived of his life or personal liberty except according to the procedure established by law. Sections 436 to 450 of the Criminal Procedure Code set out the provisions for the grant of bail and bonds in criminal cases. The principle underlying the grant of bail as envisaged in such provisions of law is that an accused person is presumed in law to be innocent unless he is proved to be guilty. So, as a presumably innocent person, he is entitled to freedom. He must have all opportunities to defend himself. In our country, the police prerogative is to be reconciled with the recognized personal liberty of a person, which is the basic structure of the Constitution.

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Asia Law House's Supreme Court On Bails by V. K. Dewan

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