EXPLORING THE MOTI RAM’S VERDICT: THE NEXUS BETWEEN BAIL AND MONEY

Abstract

Our country's criminal justice system is critical for protecting individuals and preventing crime. The state has been bestowed with abundant power to carry out this solemn role under the constitution and criminal law. This power includes the power to arrest, detain, search, and seize.  The judiciary and law enforcement officers have critical roles in avoiding unlawful detention, which infringes on their basic fundamental rights. Bail procedures ensure due process of law,  a fair trial and the release of the arrestee. When a bail application is presented to the court, among other considerations, monitoring aspects in the bail determines the person's release. This study addresses the extent of monetary considerations in bail via the lens of the Mothi Rams verdict. The second portion of this study focuses on how the Motiram ratio has been invoked in contemporary times.