ABSTRACT
Bail is defined as pre-trial release in criminal proceedings. It may be considered a contract whereby an accused person is relieved on certain terms from custody to his surety or sureties.21 If granted bail, the defendant signs a bond in court offices or the prison, undertaking to appear for his trial. This is the contract, which is ‘guaranteed’ by a surety or sureties, as specified in the court order. The question of bail only arises if a person has been arrested. In respect of a person who has been summoned to court, no question of bail arises, since he is never in custody.
