Bail Jurisprudence: WHAT IS BAIL?

Bail according to Webster's 7th New Judicial Dictionary, "Bail is a security given for the due appearance of a prisoner in order to obtain his release from imprisonment; a temporary release of a prisoner upon security; one who provides bail." 

Wharton's Law Lexicon defines "bail" to mean: "To set at liberty a person arrested or imprisoned, on security being taken for his appearance on a date at a certain place, which security is called bail because the person arrested or imprisoned is delivered into the hands of those who bind themselves or become bail for his due appearance when required in order that he may be safely protected from prison to which if they have, if they fear his escape, etc., the legal power to deliver him."

In Stroud's Judicial Dictionary, 5th Edn., the word "bail" is defined as follows: "Bail is when a man is taken or arrested for felony, indicated of felony or any such case, so that he is restrained of his liberty." 

In both Concise Oxford Dictionary and Chambers 20th Century Dictionary, the meaning of the word "bail" is a sum of money paid by or for a person who is accused of wrong-doing, as security that he will appear at his trial, until which time he is allowed to be free. 

Etymologically the word "bail" is said to derive from an old French verb "bailor" which means "to give" or "to deliver". Another view of the word is derived from the Latin term "Bajulare" which means, "to bear a burden".

The intent of the arrest being only to compel an appearance in Court at the return of the writ, that purpose is equally answered, whether the sheriff detains or takes sufficient security for his appearance called "bail"...".

In Venkataramaiya's Law Lexicon, 2nd Edn., Vol. I at pages 260-61 is defined as: "To set at liberty a person arrested or imprisoned, or security being taken for his appearance on a day and at a place certain ... because the party arrested or imprisoned is delivered into the hands of those who bind themselves or become bail for his due appearance when required in order that he may be safely protected from the prison..."

According to Supreme Court in the concept of bail a technique is evolved for effecting a synthesis of the two basic concepts of human value, namely, the right of an accused to enjoy his person freedom and the public interest on which a person's release is conditioned on the surety to produce the accused person in Court to stand the trial."

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I hope it has been clear but if there's any doubt...let's simply this further...

Bail = Surety [a security that is taken from a man] to ensure his attendance in Court during trial. 

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