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  • Category: Miscellaneous

    Bail hearing denial amounts to rights abuse of the accused says SC

    In a far reaching observation and order the SC has asserted that denying bail hearing to the accused amounts to rights abuse and this would set record straight that even in the most strongest case of no bail, the lawyers of the accused would now try to get the bail citing this rule. If the court is so concerned about the accused and the rights then why the court is not taking the abuse being undergone by the common people at the hands of govt and departments. Good that law is loosening and becoming more friendly and that should not hinder the punishments to the guilty. What is your take?
  • #734012
    Not giving a person opportunity for bail is definitely against the fundamental right and court had always made that stand in the past. It is good that SC has again reiterated that fundamental right of a citizen. It is the prerogative of the court to grant bail or not depending upon the severity of crime and visualising that the accused might be harmful to the society if he is let free under the bail provision. If there is no bail provision or bail is denied then sometimes the police or administration or people in power could mis utilise that by arresting an innocent and keeping him in jail just like that. We are seeing these situations in real life scenario.
    Knowledge is power.

  • #734024
    It true that the accused should be given chance to ask for bail and should be able to present his proper case for getting the same. But all can't be given bail. The court will decide the sanction issue based on the merits and demerits of the case.
    But there are some issues where the accused will be arrested under a non-bailble warrant issued by the court. This particular statement may not be applicable to such arrests I think.
    But in some cases, I observed people will come out on bail and influence others and try to get away without any punishment. Such issues should be dealt with care.

    drrao
    always confident

  • #734124
    If any innocent person has been trapped in any case under serious charges and is facing bad days as accused of perpetrating heinous crime stuck behind bars for a long time, on other side someone is a real culprit loitering as scotfree. It is often seen an accused was exonerated after spending many years in jail.
    What is the compensation of their lives which they wasted behind bars for no crime
    Only a person who has good knowledge about law can speak on it.
    A person who is in prison has right to have bail. I feel proud of our judiciary which stands to protect the fundamental rights of people.


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