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The Bill of Rights' guaranteed a right against "excessive bail".

The Habeas Corpus Act" made certain provisions for discharge on bail of persons for high treason or felony plainly expressed in warrant .who though "cominitterl . ' shall not on petition be indicted as herein mentioned".

the granting or denying of bail in England became almost function. of thejudiciary, and (subject to certain special limitations) this substantiaily remained the position until I976. In I976 was passed the Bail Act, which confers a right to bail SUb_]6Ct to certain exceptions. We shall ' mention its important provisions in due course." 2.3. Thus, the problem with which we are now faced is not a new one, though the nature and dimensions of the problem may vary from time to time and country I iiiéf-iiy. or to country. It is necessity that requires a second look at the law.

Secondly, pending formal adjudication of guilt, his status ought not to be Iimllatcd to that of a convicted person.

Thirdly, if kept in custody, he is impeded in preparing his defence, since, in cus- ly, unrestricted consultation with counsel is tliflicult.

Fourthly, if he is kept in custody, his earning capacity is impaired, thereby Iling hardship and economic deprivation. ' Filthly. there is a large class of persons for whom any bait is "excessive bail", ey are the people loosely referred to as indigents. For such persons, provisions 7 ball prove more or less illusory.

5.2. The Code of Criminal Procedure does provide that the amount of bail bond shall not be excessive." llut, notwithstanding this specific directive in the Code of Criminal Procedure, there have arisen cases where a disproportionately high amount of bail was demanded. One such case even went upto the Supreme 5.3. Of course, there are cases of those persons who are either foreigners or who have a propensity for absconding and because of that fact, the sureties are re- luctant to furiiisli bail bonds on their behalf. Nothing much can be done for persons- of this category. However, we may note that regarding the third category of under- trial persons (persons being tried for bailable offences), the policy of the law is that they be released on bail. This policy should not be defeated by demand of bail bonds of such excessive amount from those persons as might make it difficult for -

them to furnish the requisite bond. At the same time, it has to be borne in mind that the amount of bail bonds be not so low as might tempt them to jump the bail.

5.4. It was siiggcstcil to us that one possible device of ensuring that the legal provision prohibiting demand of excessive bait is properly enforced is to impose a i limit~not as an iinalterable maximum but as a guideline for minor cases.

5.5. The suggestion was that some limit be imposed on amount of bail in minor cases, so as to ensure that the rule that bail should not be excessive is adhered -