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17. The next great milestone in English history is the Billof Rights of 1689, which was accepted by the only Dutch monarch that England ever had, King William III, who reigned jointly with his wife Queen Mary II. It is in this document that the expression "excessive bail ought not to be required ??."first appears in Chapter 2, clause 10.

18. What is important to learn from this history is that clause 39 of Magna Carta was subsequently extended to pre-trial imprisonment, so that persons could be enlarged on bail to secure their attendance for the ensuing trial. It may only be added that one century after the Bill of Rights, the US Constitution borrowed the language of the Bill of Rights when the principle of habeas corpus found its way into Article 1 Section 9 of the US Constitution, followed by the Eighth Amendment to the Constitution which expressly states that, "excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted' We may only add that the Eights Amendment has been read into Article 21 by a Division Bench of this Court in Rajesh Kumar V. State through Government of NCT of Delhi (2011) 13 SCC 706, at paragraphs 60 and 61.