Summarize the following court judgment. ition No. 57 of 1979. Mrs. K. Hingorani for the Petitioners section M. Jha and U. P. Singh for the Respondent. The Judgment of Bhagwati and Koshal	 JJ. was delivered by Bhagwati	 J. Pathak	 J. gave a separate Opinion. 173 BHAGWATI	 J. This petition for a writ of habeas corpus discloses a shocking state of affairs in regard to administration of justice in the State of Bihar. An alarmingly large number of men and women	 children including	 are behind prison bars for years awaiting trial in courts of law. The offences with which some of them are charged are trivial	 which	 even if proved	 would not warrant punishment for more than a few months	 perhaps for a year or two	 and yet these unfortunate forgotten specimens of humanity are in jail	 deprived of their freedom	 for periods ranging from three to ten years without even as much as their trial having commenced. It is a crying shame on the judicial system which permits incarceration of men and women for such long periods of time without trial. We are shouting from house tops about the protection and enforcement of human rights. We are taking passionately and eloquently about the maintenance and preservation of basic freedoms. But	 are we not denying human rights to these nameless persons who are languishing in jails for years for offences which perhaps they might ultimately be found not to have committed ? Are we not withholding basic freedoms from these neglected and helpless human beings who have been condemned to a life of imprisonment and degradation for years on end? Are expeditious trial and freedom from detention not part of human rights and basic freedoms ? Many of these unfortunate men and women must not even be remembering when they entered the jail and for what offence. They have over the years ceased to be human beings they are mere ticket numbers. It is high time that the public conscience is awakened and the Government as well as the judiciary begin to realise that in the dark cells of our prisons there are large numbers of men and women who are waiting patiently	 impatiently perhaps	 but in vain	 for justice a commodity which is tragically beyond their reach and grasp. Law has become for them an instrument of injustice and they are helpless and despairing victims of the callousness of the legal and judicial system. The time has come when the legal and judicial system has to be revamped and restructured so that such injustices do not occur and disfigures the fair and otherwise luminous face of our nascent democracy. Though we issued notice to the State of Bihar two weeks ago	 it is unfortunate that on the 5th February	 1979 no one has appeared on behalf of the State and we must	 therefore	 at this stage proceed on the basis that the allegations contained in the issues of the Indian Express dated 8th and 9th January	 1979 which are incorporated in the writ petition are correct. The information contained in these newspaper cuttings is most distressing and it is sufficient to stir the consci 174 ence and disturb the equanimity of any socially motivated lawyer or judge. Some of the undertrial prisoners whose names are given in the newspaper cuttings have been in jail for as many as 5	 7 or 9 years and a few of them	 even more than 10 years	 without their trial having begun. What faith can these lost souls have in the judicial system which denies them a bare trial for so many years and keeps them behind bars	 not because they are guilty	 but because they are too poor to afford bail and the courts have no time to try them. It is a travesty of justice that many poor accused	 "little Indians	 are forced into long cellular servitude for little offences" because the bail procedure is beyond their meagre means and trials don 't commence and even if they do	 they never conclude. There can be little doubt	 after the dynamic interpretation placed by this Court on article 21 in Maneka Gandhi vs Union of India(1) that a procedure which keeps such large numbers of people behind bars without trial so long cannot possibly be regarded as 'reasonable	 just or fair ' so as to be in conformity with the requirement of that Article. It is necessary	 therefore	 that the law as enacted by the Legislature and as administered by the courts must radically change its approach to pretrial detention and ensure 'reasonable	 just and fair ' procedure which has creative connotation after Maneka Gandhi 's case supra. Now	 one reason why our legal and judicial system continually denies justice to the poor by keeping them for long years in pretrial detention is our highly unsatisfactory bail system. It suffers from a property oriented approach which seems to proceed on the erroneous assumption that risk of monetary loss is the only deterrent against fleeing from justice. The Code of Criminal Procedure	 even after its re enactment	 continues to adopt the same antiquated approach as the earlier Code enacted towards the end of the last century and where an accused is to be released on his personal bond	 it insists that the bond should contain a monetary obligation requiring the accused to pay a sum of money in case he fails to appear at the trial. Moreover	 as if this were not sufficient deterrent to the poor	 the courts mechanically and as a matter of course insist that the accused should produce sureties who will stand bail for him and these sureties must again establish their solvency to be able to pay up the amount of the bail in case the accused fails to appear to answer the charge. This system of bails operates very harshly against the poor and it is only the non poor who are able to take advantage of it by getting themselves released on bail. The poor find it difficult to furnish bail even without sureties because very often the amount of the bail fixed by the courts is so 175 unrealistically excessive that in a majority of cases the poor are unable to satisfy the police or the Magistrate about their solvency for the amount of the bail and where the bail is with sureties	 as is usually the case	 it becomes an almost impossible task for the poor to find persons sufficiently solvent to stand as sureties. The result is that either they are fleeced by the police and revenue officials or by touts and professional sureties and sometimes they have even to incur debts for securing their release or	 being unable to obtain release	 they have to remain in jail until such time as the court is able to take up their cases for trial	 leading to grave consequences	 namely	 (1) though presumed innocent	 they are subjected to psychological and physical deprivations of jail life	 (2) they are prevented from contributing to the preparation of their defence and (3) they lose their job	 if they have one	 and are deprived of an opportunity to work to support themselves and their family members with the result that the burden of their detention almost invariably falls heavily on the innocent members of the family. It is hero that the poor find our legal and judicial system oppressive and heavily weighted against them and a feeling of frustration and despair occurs upon them as they find that they are helplessly in a position of inequality with the non poor. The Legal Aid Committee appointed by the Government of Gujarat under the chairmanship of one of us	 Mr. Justice Bhagwati	 emphasised this glaring inequality in the following words: "The bail system	 as we see it administered in the criminal courts today	 is extremely unsatisfactory and needs drastic change. In the first place it is virtually impossible to translate risk of non appearance by the accused into precise monetary terms and even its basic premise that risk of financial loss is necessary to prevent the accused from fleeing is of doubtful validity. There are several considerations which deter an accused from running away from justice and risk of financial loss is only one of them and that too not a major one. The experience of enlightened Bail Projects in the United States such as Manhattan Bail Project and D. C. Bail Project shows that even without monetary bail it has been possible to secure the presence of the accused at the trial in quite a large number of cases. Moreover	 the bail system causes discrimination against the poor since the poor would not be able to furnish bail on account of their poverty while the wealthier persons otherwise similarly situate would be able to secure their freedom because they can afford to furnish bail. This discrimination arises even if the amount 176 of the bail is fixed by the Magistrate is not high	 for a large majority of those who are brought before the Courts in criminal cases are so poor that they would find it difficult to furnish bail even in a small amount. " The Gujarat Committee also pointed out how the practice of fixing the amount of bail with reference to the nature of the charge without taking into account relevant factors	 such as the individual financial circumstances of the accused and the probability of his fleeing before trial	 is harsh and oppressive and discriminates against the poor: "The discriminatory nature of the bail system becomes all the more acute by reason of the mechanical way in which it is custormarily operated. It is no doubt true that theoretically the Magistrate has broad discretion in fixing the amount of bail but in practice it seems that the amount of bail depends almost always on the seriousness of the offence. It is fixed according to a schedule related to the nature of the charge. Little weight is given either to the probability that the accused will attempt to flee before his trial or to his individual financial circumstances	 the very factors which seem most relevant if the purpose of bail is to assure the appearance of the accused at the trial. The result of ignoring these factors and fixing the amount of bail mechanically having regard only to the seriousness of the offence is to discriminate against the poor who are not in the same position as the rich as regards capacity to furnish bail. The Courts by ignoring the differential capacity of the rich and the poor to furnish bail and treating them equally produce inequality between the rich and the poor: the rich who is charged with the same offence in the same circumstances is able to secure his release while the poor is unable to do so on account of his poverty. These are some of the major defects in the bail system as it is operated to day. " The same anguish was expressed by President Lyndon B. Johnson at the time of signing the Bail Reforms Act	 1966: "Today	 we join to recognize a major development in our system of criminal justice: the reform of the bail system. This system has endured archaic	 unjust and virtually unexamined since the Judiciary Act of 1789. The principal purpose of bail is to insure that an accused person will return for trial if he is released after arrest. 177 How is that purpose met under the present system ? The defendant with means can afford to pay bail. He can afford to buy his freedom. But poorer defendant cannot pay the price. He languishes in jail weeks	 months and perhaps even years before trial. He does not stay in jail because he is guilty. He does not stay in jail because any sentence has been passed. He does not stay in jail because he is any more likely to flee before trial. He stays in jail for one reason only because he is poor. ." The bail system	 as it operates today	 is a source of great hardship to the poor and if we really want to eliminate the evil effects of poverty and assure a fair and just treatment to the poor in the administration of justice	 it is imperative that the bail system should be thoroughly reformed so that it should be possible for the poor	 as easily as the rich to obtain pretrial release without jeopardizing the interest of justice. It is high time that our Parliament realises that risk of monetary loss is not the only deterrent against fleeing from justice	 but there are also other factors which act as equal deterrents against fleeing. Ours is a socialist republic with social justice as the signature tune of our constitution and Parliament would do well to consider whether it would not be more consonant with the ethos of our constitution that instead of risk of financial loss	 other relevant considerations such as family ties	 roots in the community	 job security	 membership of stable organisations etc.	 should be the determinative factors in grant of bail and the accused should be in appropriate cases be released on his personal bond without monetary obligation. Of course	 it may be necessary in such a case to provide by an amendment of the penal law that if the accused wilfully fails to appear in compliance with the promise contained in his personal bond	 he shall be liable to penal action. But even under the law as it stands today the courts must abandon the antiquated concept under which pretrial release is ordered only against bail with sureties. That concept is outdated and experience has shown that it has done more harm than good. The new insight into the subject of pretrial release which has been developed in socially advanced countries and particularly the United States should now inform the decisions of our Courts in regard to pretrial release. If the Court is satisfied	 after taking into account	 on the basis of information placed before it	 that the accused has his roots in the community and is not likely to abscond	 it can safely release the accused 178 on his personal bond. To determine whether the accused has his roots in the community which would deter him from fleeing	 the Court should take into account the following factors concerning the accused: 1. The length of his residence in the community. his employment status	 history and his financial condition	 3. his family ties and relationships	 4. his reputation	 character and monetary condition	 5. his prior criminal record including any record or prior release on recognizance or on bail	 6. the identity of responsible members of the community who would vouch for his reliability. the nature of the offence charged and the apparent probability of conviction and the likely sentence in so far as these factors are relevant to the risk of non appearance	 and 8. any other factors indicating the ties of the accused to the community or bearing on the risk of wilful failure to appear. If the court is satisfied on a consideration of the relevant factors that the accused has his ties in the community and there is no substantial risk of non appearance	 the accused may	 as far as possible	 be released on his personal bond. Of course	 if facts are brought to the notice of the court which go to show that having regard to the condition and background of the accused his previous record and the nature and circumstances of the offence	 there may be a substantial risk of his non appearance at the trial	 as for example	 where the accused is a notorious bad character or a confirmed criminal or the offence is serious (these examples are only by way of illustration)	 the court may not release the accused on his personal bond and may insist on bail with sureties. But in the majority of cases	 considerations like family ties and relationship	 roots in the community	 employment status etc. may prevail with the court in releasing the accused on his personal bond and particularly in cases where the offence is not grave and the accused is poor or belongs to a weaker section of the community	 release on personal bond could	 as far as possible	 be preferred. But even while releasing the accused on personal bond it is necessary to caution the court that the amount of the bond which it 179 fixes should not be based merely on the nature of the charge. The decision as regards the amount of the bond should be an individualised decision depending on the individual financial circumstances of the accused and the probability of his absconding. The amount of the bond should be determined having regard to these relevant factors and should not be fixed mechanically according to a schedule keyed to the nature of the charge. Otherwise	 it would be difficult for the accused to secure his release even by executing a personal bond. Moreover	 when the accused is released on his personal bond	 it would be very harsh and oppressive if he is required to satisfy the court and what we have said here in regard to the court must apply equally in relation to the police while granting bail that he is solvent enough to pay the amount of the bond if he fails to appear at the trial and in consequence the bond is forfeited. The inquiry into the solvency of the accused can become a source of great harassment to him and often result in denial of bail and deprivation of liberty and should not	 therefore	 be insisted upon as a condition of acceptance of the personal bond. We have no doubt that if the system of bail	 even under the existing law	 is administered in the manner we have indicated in this judgment	 it would go a long way towards relieving hardship of the poor and help them to secure pretrial release from incarceration. It is for this reason we have directed the undertrial prisoners whose names are given in the two issues of the Indian Express should be released forthwith on their personal bond. We should have ordinarily said that personal bond to be executed by them should be with monetary obligation	 but we directed as an exceptional measure that there need be no monetary obligation in the personal bond because we found that all these persons have been in jail without trial for several years	 and in some cases for offences for which the punishment would in all probability be less than the period of their detention and moreover	 the order we were making was merely an interim order. The peculiar facts and circumstances of the case dictated such an unusual course. There is also one other infirmity of the legal and judicial system which is responsible for this gross denial of justice to the undertrial prisoners and that is the notorious delay in disposal of cases. It is a bad reflection on the legal and judicial system that the trial of an accused should not even commence for a long number of years. Even a delay of one year in the commencement of the trial is bad enough; how much worse could it be when the delay is as long as 3 or 5 or 7 or even 10 years. Speedy trial is of the essence of criminal justice and there can be no doubt that delay in trial by itself constitutes denial 180 of justice. It is interesting to note that in the United States	 speedy trial is one of the constitutionally guaranteed rights. The Sixth Amendment to the Constitution provides that "In all criminal prosecutions	 the accused shall enjoy the right to a speedy and public trial. " So also Article 3 of the European Convention on Human Rights provides that: "every one arrested or detained shall be entitled to trial within a reasonable time or to release pending trial. " We think that even under our Constitution	 though speedy trial is not specifically enumerated as a fundamental right	 it is implicit in the broad sweep and content of Article 21 as interpreted by this Court in Maneka Gandhi vs Union of India. We have held in that case that Article 21 confers a fundamental right on every person not to be deprived of his life or liberty except in accordance with the procedure prescribed by law and it is not enough to constitute compliance with the requirement of that Article that some semblance of a procedure should be prescribed by law	 but that the procedure should be "reasonable	 fair and just". If a person is deprived of his liberty under a procedure which is not "reasonable	 fair or just"	 such deprivation would be violative of his fundamental right under Article 21 and he would be entitled to enforce such fundamental right and secure his release. Now obviously procedure prescribed by law for depriving a person of his liberty cannot be 'reasonable	 fair or just ' unless that procedure ensures a speedy trial for determination of the guilt of such person. No procedure which does not ensure a reasonable quick trial can be regarded as 'reasonable	 fair or just ' and it would fall foul of Article 21. There can	 therefore	 be no doubt that speedy trial and by speedy trial we mean reasonably expeditious trial	 is an integral and essential part of the fundamental right to life and liberty enshrined in Article 21. The question which would	 however	 arise is as to what would be the consequence if a person accused of an offence is denied speedy trial and is sought to be deprived of his liberty by imprisonment as a result of a long delayed trial in violation of his fundamental right under Article 21. Would he be entitled to be released unconditionally freed from the charge levelled against him on the ground that trying him after an unduly long period of time and convicting him after such trial would constitute violation of his fundamental right under Article 21 ? That is a question we shall have to consider when we hear the writ petition on merits on the adjourned date. But one thing is certain and we cannot impress it too strongly on the State Government that it is high time that the State Government realised its responsibility to the people in the matter of admini 181 stration of justice and set up more courts for the trial of cases. We may point out that it would not be enough merely to establish more courts but the State Government would also have to man them by competent judges and whatever is necessary for the purpose of recruiting competent judges	 such as improving their conditions of service	 would have to be done by the State Government	 if they want to improve the system of administration of justice and make it an effective instrument for reaching justice to the large masses of people for whom justice is to day a meaningless and empty word. These are the reasons for which we made our order dated 5th February	 1979. We shall now proceed to hear the writ petition on 19th February	 1979. PATHAK	 J. It is indisputable that an unnecessarily prolonged detention in prison of undertrials before being brought to trial is an affront to all civilized norms of human liberty. Any meaningful concept of individual liberty which forms the bedrock of a civilized legal system must view with distress patently long periods of imprisonment before persons awaiting trial can receive the attention of the administration of justice. The primary principle of criminal law is that imprisonment may follow a judgment of guilt. But should not precede it. But there is another principle which makes it desirable to ensure that the accused is present to receive his sentence in the event of being found guilty. Now	 the Code of Criminal Procedure	 both the old Code and the new	 include provision for the release of a person on bail or on the execution of a bond without sureties for his appearance. Nonetheless	 as appears prima facie from the record before us	 a large number of persons whose names	 find mention in copies of the Indian Express of January 8 and 9	 1979	 have been in prison for long year without even being brought to trial. Although sufficient opportunity was given to the State of Bihar to meet the allegations made	 it is unfortunate that no one has appeared on behalf of the State. In view of the importance of the questions arising on the habeas corpus petition	 we have provided further opportunity to the State to appear and accordingly have posted the petition for final hearing on February 19	 1979. But at the same time we see no reason why interim relief should be denied to these undertrials. After carefully considering what has been said in respect of each individual undertrial	 we have considered it appropriate	 in the interests of justice	 to make the order of February 5	 1979 directing the release of the persons mentioned in that order on their executing a personal bond. The order is somewhat unusual in that it directs that the personal bond to be taken in each 182 case should not be based on any monetary obligation. The condition has been included as an exceptional measure	 under the persuasive pressure of the particular facts and circumstance of the case. In regard to the exercise of the judicial power to release a prisoner awaiting trial on bail or on the execution of a personal bond without sureties for his appearance	 I have to say this briefly. There is an amplitude of power in this regard within the existing provisions of the Code of Criminal Procedure	 and it is for the Courts to fully acquaint themselves with the nature and extent of their discretion in exercising it. I think it is no longer possible to countenance a mechanical exercise of the power. What should be the amount of security required or the monetary obligation demanded in a bond is a matter calling for the careful consideration of several factors. The entire object being only to ensure that the undertrial does not flee or hide himself from trial	 all the relevant considerations which enter into the determination of that question must be taken into account. A synoptic impression of what the considerations could be may be drawn from the following provision in the United States Bail Reform Act of 1966: "In determining which conditions of releases will reasonably assure appearance	 the judicial officer shall	 on the basis of available information	 take into account the nature and circumstances of the offence charged	 the weight of the evidence against the accused	 the accused 's family ties	 employment	 financial resources	 character and mental condition	 the length of his residence in the community	 his record of convictions	 and his record of appearance at court proceedings or of flight to avoid prosecution or failure to appear at court proceedings. These are considerations which should be kept in mind when determining the amount of the security or monetary obligation. Perhaps	 if this is done the abuses attendant on the prevailing system of pretrial release in India could be avoided or	 in any event	 greatly reduced See Moti Ram and Others vs State of Madhya Pradesh. I consider it desirable to refrain from making any final comment or observation on the legality and propriety of the continued detention of the undertrial prisoners whether on the ground of infringement 183 of Article 21 of the Constitution or on other grounds. That	 I think	 should await the final determination of the habeas corpus petition. These are the reasons which have influenced me in making the order dated February 5	 1979. While concluding	 it seems desirable to draw attention to the absence of an explicit provision in the Code of Criminal Procedure enabling the release	 in appropriate cases	 of an undertrial prisoner on his bond without sureties and without any monetary obligation. There is urgent need for a clear provision. Undeniably	 the thousands of undertrial prisoners lodged in Indian prisons today include many who are unable to secure their release before trial because of their inability to produce sufficient financial guarantee for their appearance. Where that is the only reason for their continued incarceration	 there may be good ground for complaining of invidious discrimination. The more so under a constitutional system which promises social equality and social justice to all of its citizens. The deprivation of liberty for the reason of financial poverty only is an incongruous element in a society aspiring to the achievement of these constitutional objectives. There are sufficient guarantees for appearance in the host of considerations to which reference has been made earlier and	 it seems to me	 our law makers would take an important step in defence of individual liberty if appropriate provision was made in the statute for non financial releases.

In their petition for the issue of a writ of habeas corpus the petitioners stated that a large number of men and women including children were in jails for years awaiting trial in courts of law and that the offences	 even if proved	 would not warrant punishment for more than a few months. Although sufficient opportunity was given	 the State did not appear before the Court. Directing the release of the undertrials on their executing a personal bond. ^ HELD : (Per Bhagwati & Koshal	 JJ.) 1. A procedure which keeps large number of people behind bars without trial for long	 cannot possibly be regarded as "reasonable	 just or fair" so as to be in conformity with the requirement of article 21. It is necessary	 therefore	 that the law as enacted by the Legislature and as administered by the courts must radically change its approach to pre trial detention and ensure `reasonable	 just and fair ' procedure which has a creative connotation after the decision of the Supreme Court in Maneka Gandhi 's case. [174 C D] 2. Speedy trial is of the essence of criminal justice and	 therefore	 delay in trial by itself constitutes denial of justice. Though speedy trial is not specifically enumerated as a fundamental right	 it is implicit in the broad sweep and content of article 21. Speedy trial which means reasonably expeditious trial	 is an integral part of the fundamental right to life and liberty enshrined in article 21	 [179 H	 180 C	 F] article 21 confers fundamental right on every person not to be deprived of his life or liberty except in accordance with the procedure prescribed by law and it is not enough to constitute compliance with the requirement of that Article that some semblance of a procedure should be prescribed by law	 but that the procedure should be "reasonable	 fair and just". If a person is deprived of his liberty under a procedure which is not "reasonable	 fair or just"	 such deprivation would be violative of his fundamental right under article 21 and he would be entitled to enforce such fundamental right and secure his release. Any procedure prescribed by law for depriving a person of his liberty cannot be "reasonable	 fair or just" unless that procedure ensures a speedy trial for determination of the guilt of such person. [180 D E] 170 Maneka Gandhi vs Union of India	 [1978] 2 SCR 621; referred to. Expeditious trial and freedom from detention are part of human rights and basic freedoms. The judicial system which permits incarceration of men and women for long periods of time without trial is denying human rights to such undertrials and withholding basic freedoms from them. Law has become for them an instrument of injustice and they are helpless and despairing victims of the callousness of the legal and judicial system. [173 C E	 F] 4. One reason why our legal and judicial system continually denies justice to the poor by keeping them for long years in pretrial detention is the highly unsatisfactory bail system	 which suffers from a property oriented approach. It proceeds on the erroneous assumption that risk of monetary loss is the only deterrent against fleeing from justice. Even after its re enactment	 the Code of Criminal Procedure continues to adopt the same antiquated approach. Where an accused is to be released on his personal bond	 it insists that the bond should contain a monetary obligation requiring the accused to pay a sum of money in case he fails to appear at the trial. Moreover	 as if this were not sufficient deterrent to the poor	 the courts mechanically and as a matter of course insist that the accused should produce sureties who will stand bail for him and these sureties must again establish their solvency to be able to pay the amount of bail in case the accused fails to appear to answer the charge. [174 E G] This system of bails operates very harshly against the poor and it is only the non poor who are able to take advantage of it by getting themselves released on bail. The poor find it difficult to furnish bail even without sureties because very often the amount of the bail fixed by the Court is so unrealistically excessive that in a majority of cases the poor are unable to satisfy the police or the Magistrate about their solvency for the amount of the bail and where the bail is with sureties	 as is usually the case	 it becomes an almost impossible task for the poor to find persons sufficiently solvent to stand as sureties. The result is that either they are fleeced by the police and revenue officials or by touts and professional sureties and sometimes they have even to incur debts for securing their release or	 being unable to obtain release	 they have to remain in jail until such time as the court is able to take up their cases for trial	 leading to grave consequences	 namely	 (1) though presumed innocent	 they are subjected to psychological and physical deprivations of jail life	 (2) they are prevented from contributing to the preparation of their defence and (3) they lose their job	 if they have one	 and are deprived of an opportunity to work to support themselves and their family members with the result that the burden of their detention almost invariably falls heavily on the innocent members of the family. [174 G 175 D] The bail system	 as it operates today	 is thus a source of great hardship to the poor and if the civil effects of poverty are to be eliminated and a fair and just treatment assured to the poor in the administration of justice	 it is imperative that the bail system should be thoroughly reformed so that it should be possible for the poor	 as easily as the rich	 to obtain pre trial release without jeopardizing the interest of justice. [177 C D] Risk of monetary loss is not the only deterrent against fleeing from justice. There are also other factors which act as equal deterrents against fleeing. Therefore	 the courts	 even under the law as it stands today	 must abandon the antiquated concept under which pre trial release is ordered only against bail with sureties. If the court is satisfied	 after taking into account	 on the basis of 171 information placed before it	 that the accused has his roots in the community and is not likely to abscond	 it can safely release the accused on his personal bond. [177 E	 G	 H] 5. To determine whether the accused has his roots in the community which would deter him from fleeing	 the court should take into account the following factors concerning the accused: (1) The length of his residence in the community	 (2) his employment status	 history and his financial condition	 (3) his family ties and relationships	 (4) his reputation	 character and monetary conditions	 (5) his prior criminal record including any record of prior release on recognizance or on bail	 (6) the identity of responsible members of the community who would vouch for his reliability	 (7) the nature of the offence charged and the apparent probability of conviction and the likely sentence in so far as these factors are relevant to the risk of non appearance	 and (8) any other factors indicating the ties of the accused to the community or bearing on the risk of wilful failure to appear. [178 A E] If the court is satisfied on a consideration of the relevant factors that the accused has his ties in the community and there is no substantial risk of non appearance	 the accused may	 as far as possible	 be released on his personal bond. If facts are brought to the notice of the court showing that	 having regard to the condition and back ground of the accused	 his previous record and the nature and circumstances of the offence	 there may be a substantial risk of his non appearance at the trial	 as for example	 where the accused is a notorious bad character or a confirmed criminal or the offence is serious	 the court may not release the accused on his personal bond and may insist on bail with sureties. But in the majority of cases	 considerations like family ties and relationship	 roots in the community	 employment status etc. may prevail with the court in releasing the accused on his personal bond and particularly in cases where the offence is not grave and the accused is poor or belongs to a weaker section of the community	 release on personal bond could	 as far as possible	 be preferred. But even while releasing the accused on personal bond it is necessary to caution the court that the amount of the bond which it fixes should not be based merely on the nature of the charge. The decision as regards the amount of the bond should be an individualised decision depending on the individual financial circumstances of the accused and the probability of his absconding. The amount of the bond should be determined having regard to these relevant factors and should not be fixed mechanically according to a schedule keyed to the nature of the charge. Otherwise	 it would be difficult for the accused to secure his release even by executing a personal bond	 it would be very harsh and oppressive if he is required to satisfy the court and what is said in regard to the court must apply equally in relation to the police while granting bail that he is solvent enough to pay the amount of the bond if he fails to appear at the trial and in consequence the bond is forfeited. The inquiry into the solvency of the accused can become a source of great harassment to him and often result in denial of bail and deprivation of liberty and should not	 therefore	 be insisted upon as a condition of acceptance of the personal bond. [178 F 179 D] 6. Necessary to provide by an amendment of the penal law that if an accused wilfully fails to appear in compliance with the promise contained in his personal bond	 he shall be liable to penal action. [177 F] 7. High time that the State Government realised its responsibility to the people in the matter of administration of justice and set up more courts for the trial of cases. [180 H] 172 Pathak J. (concurring) (1) The primary principle of criminal law is that imprisonment may follow a judgment of guilt	 but should not precede it. There is also another principle which makes it desirable to ensure that the accused is present to receive his sentence in the event of being found guilty. [181 E] (2) It is indisputable that an unnecessarily prolonged detention in prison of undertrials before being brought to trial is an affront to all civilized norms of human liberty and any meaningful concept of individual liberty which forms the bedrock of a civilized legal system must view with distress patently long periods of imprisonment before persons awaiting trial can receive the attention of the administration of justice. [181 D] (3) The Code of Criminal Procedure both the old Code and the new include provisions for the release of a person on bail or on the execution of a bond without sureties for his appearance. There is an amplitude of judicial power to release a prisoner awaiting trial on bail or on the execution of a personal bond without sureties for his appearance within the existing provisions of the Code of Criminal Procedure and it is for the Courts to fully acquaint themselves with the nature and extent of their discretion in exercising it. It is no longer possible to countenance a mechanical exercise of the power. What should be the amount of security required or the monetary obligation demanded in a bond is a matter calling for the careful consideration of several factors. The entire object being only to ensure that the undertrial does not flee or hide himself from trial	 all the relevant considerations which enter into the determination of that question must be taken into account. [181 E	 182 B C] (4) The abuses attendant on the prevailing system of pre trial release in India could be avoided or	 in any event greatly reduced	 if considerations like "nature and circumstances of the offence charged	 the weight of the evidence against the accused	 the accused 's family ties	 employment	 financial resources	 character and mental condition	 the length of his residence in the community	 his record of convictions	 and his record or appearance at court proceedings or of flight to avoid prosecution or failure to appear at court proceedings"	 are taken into consideration when determining pre trial release and the amount of security or monetary obligation to be imposed. [182 G	 E F] United States Bail Reforms Act	 1966: 18 USS 3146 (b)	 Moti Ram & Ors. vs State of M.P. ; ; referred to. (5) Urgent need for a clear and explicit provision in the Code of Criminal Procedure enabling the release	 in appropriate cases	 of an under trial prisoner on his bond without sureties and without any monetary obligation.[183 B]