Bail means the provisional release of an accused in a criminal case in which the court has not yet rendered a judgment. The term “bail” means security that is deposited to appear in court for release. The term Bail has been originated from an old French verb Bailer”. A bail is awarded to an accused after the presentation of bail bond in Court. Bond is a written assurance that is signed by an accused in order to make sure that he/she will appear in court at the scheduled time and date, as ordered by the court. The amount of the deposit is set by the court.
Bail can be termed as the temporary release of an accused awaiting trial, sometimes on condition that a sum of money is deposited to secure his or her appearance in court.
Bail is a set of restrictions placed on a suspect while awaiting trial, to ensure that he or she complies with legal process. In some countries, especially the United States, bail usually involves a bail bond. This is money or some form of property that is deposited in Court by the suspect in exchange for release from pre-trial detention. The main purpose of the arrest is to bring the accused in a criminal case to court for justice. If the presence of an accused could be guaranteed for the purpose of trial without putting them in jail, it would be unfair to violate his/her freedom. Hence, the bail may be granted to an accused as a conditional liberty.
Bail different from Parole
The concept of Bail is different from Parole. Parole is the provisional release of a prisoner who accepts certain conditions before the expiration of the maximum term of the sentence, originating from French parole.
It is a release on your own commitment. It can also be termed as a Personal Commitment (PR). This is a written promise signed by an accused that lays down that he/she will appear before a judge on the given date and will not indulge himself/herself in any illegal activity. No money is charged at the time of release but there is a fine if an accused does not appear in a Court.
A citation release is given when a officer arrests a suspect but does not take him to the station but immediately releases him. An officer issues a citation that orders the suspect to appear before a judge on a specific date. Citation releases are generally granted for minor offenses such as traffic violations. A citation release is the best way to deal with low level offenses committed by people without a significant criminal record.