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Report No. 78

IV. Meaning of 'Bail'

2.8. Meaning of bai.- whether it includes personal bond.-

At this stage, we may refer to the meaning of the word 'bail'. 'Bail' is a generic expression used to describe judicial release from custodia legis. Normally when a person is released on bail, he has not only to execute a personal bond, but has also to furnish the bond of a surety. The bond is for a certain sum of money which the surety undertakes to pay in case the person released on bail does not present himself during investigation or in court on the date of hearing in accordance with the terms of the bond. A question has, however, been raised whether 'bail' would cover the release of a person on his own recognizance without his furnishing a surety's bond. The Supreme Court in a recent case1 has held that 'bail' covers both release on one's own bond without surety and release on bond with surety.

1. Moti Ram v. State of Madhya Pradesh, AIR 1978 SC 1594 (November issue).

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