Bail bonds serving the cause of individual rights protection of citizens
The emergence of modern legal systems was characterized by the adoption certain fine instruments that were designed as balancing tools in the criminal justice systems. The orientation of public civil rights was a dominant icon and this led to concepts of fair detention, gender sensitive arrest flexibilities, anticipatory bail, and immigration bail on compassionate grounds being adopted through appropriate amendments by the evolved democracies. Overall, the scope of bail bonds has expanded to include newer areas like economic offences, cyber crimes and others. Now the decision making incumbents have to decide upon the bail application from different perspectives that have emerged due to the growing socio economic political complexities.
Harsher punishments for grave crimes
While more types of bail orientations have emerged, there also has been inclusion of harsher terms and restrictions in the granting of bail owing to the popular pressures that have been manifested either as open opinion by the society/economy or as the strong undercurrents. The society has suffered continuous degradation due to the strengthening of anti social tendencies of all types. This has led to the uptrend in the gravest of crimes like rape, child abuse, extortions, mafia wars, murders and others thus inviting sharper popular reactions from all the social strata. Some of the gender based crimes like child sexual abuse, rape and acid attacks have led to the venting out of social protest in very aggressive manner. This led to making the penalties sanctioned in these crimes to be upgraded sharply as also eliminating the excuses and flexibilities by making the crimes as non bailable. The idea behind rejecting the bail bonds in such cases is to align with the popular wave (particularly where democratic regimes are established) as also to simultaneously send a strong message to the crumbling social fabric that harsher punishments wait for the doer without any compassionate escort in the prospects. Besides, the regimes also tried to strengthen the judicial systems by up scaling the justice delivery capacities in their polity. While the results are being witnessed, most of such results are getting eclipsed by the social distortions that are paced much faster than the instituted reforms.
Greater responsibility for the investigating officers –
The emergence of such stark orientations where there is greater tendency of bail refusal does not in any form reduce the significance of bail. A bail application is an instrument to shield the person accused and arrested by the law enforcement agencies from ambiguous detention from the point of view of being suspect alone; a ground not potent enough. The adoption of harsher restrictions like making such offences as non bailable is of course justified, but imparts a greater responsibility, rather supra responsibility on the incumbents to write down the charge sheets at their desk; because if an innocent person is suspected there would be no possibility of him gaining bail and this would be sheer infringement of his right to life and personal liberty. Bail bonds as an instrument should be therefore properly balanced with the wisdom of investigating officers.