BAIL law is an important aspect in the criminal justice system and must be understood by everyone so that justice may not only be done but also seen to be done. Abednicho Dube Many people have raised concerns that after having reported a serious crime and the suspect is arrested, the very suspect is seen back in the streets on bail. Because of this, some have lost faith in the justice delivery system. What is bail? Bail is a procedure by which a judicial officer sets at liberty one who has been arrested or imprisoned, upon receipt of security to ensure the accused later appears in court for trial. Basis for bail Bail application is premised on the notion that an accused person is presumed innocent until proven guilty. This is enshrined in section 70 (1) (d) of the Constitution of Zimbabwe (Hereinafter referred to as the Constitution) It is interesting to note that even if a person is caught committing a crime, the presumption of innocence prevails. The most explicit provision which clearly states the right of the accused to bail is section 50 (1) (d) of the Constitution which prescribes that an accused person must be released unconditionally or on reasonable conditions, pending a charge or trial unless there are compelling reasons justifying their continued detention. Applying this section in the case of State vs Munsaka, the judge Justice Nicolas Mathonsi stated that the arrested person is entitled to bail as of right if we are to give the section its proper literal application. Section 117 (1) and (2) of the Criminal Procedure and Evidence Act gives an accused a right to be released on bail at any time after he or she has appeared in the court on a charge unless the court finds that it is in the interest of justice that he or she should be detained in custody. The courts have to make a decision after balancing the liberty of the accused on one hand and the interests of justice on the other. When bail may be refused? If it is not in the interest of justice not to release the accused on bail, for example, if there is overwhelming evidence that the accused is a dangerous person and would terrorise the community if granted bail, then bail is denied. It must be borne in mind that the rights in the Constitution are not absolute, meaning that they can be limited by a law of general application and to the extent that the limitation is fair, reasonable, necessary and justifiable in a democratic society. The Constitution states that bail can be denied only if there are compelling reasons to do so while Criminal Procedure and Evidence Act prescribes that it can only be denied if the accused is: Likely to endanger the safety of the public, likely to abscond trial or attempt to influence or intimidate witnesses or to conceal or destroy evidence and  undermine or jeopardise the objectives or proper functions of criminal justice systems. It is debatable though whether the grounds of refusal of bail under section 117 (1) and (2) of the Criminal procedure and Evidence Act are still part of our law after Justice Mathonsi in State V