Indian Judicial System

[uddu]

Supreme Court Grants bail to Sassoon Hospital ex-head of forensics Dr. Ajay Taware, the KEY FIGURE who helped the Pune Porsche teenager family to get blood samples switched

Bail can be given if there is undue delay in filing of charge sheet by the police. Depending on the gravity off offence & punishment possible, charge sheet is to be filed within 60-90 days. After which the accused or accomplices can seek bail. A lot of people are under the impression that others can be locked up for years without any reason.

Bail should be based on lack of proof. Especially in this case, when the proof is that good, bail is injustice done to the society and the common man. Bail is the norm has set out all the criminals back into the society and the common man will suffer, murder, mayhem, corruption all kind of crimes until the hizzoners take their own sweet time and give the verdict. Justice delayed and justice denied and more injustice done to society with more crimes. People has lost faith in the Judiciary as the last resort of Justice. The time is not that far, when the people will start delivering justice rather than send the criminals in to the hands of Police and judiciary. None in the Judiciary understands the implication of eroding public faith in them.

Also it's high time that the Government ensures that murdering a woman in Indian society is punishable by death. The complete disregard for woman's safety and bail is the norm has caused the Indian society especially the woman to suffer horrible crimes. There is nothing stopping the Government from ensuring death penalty to crimes against woman especially murder of a woman. The rarest of the rarest argument has made is so common that the brute barbaric crimes are now the commonest of common and is not inviting death penalty. Atleast the punishment for murdering a woman should be death. The expansion of death penalty to include more ways of implementing the death penalty other than hanging to death also need to be looked into and implemented.

[Sachin]

Bail should be based on lack of proof. Especially in this case, when the proof is that good, bail is injustice done to the society and the common man.

That is not how the justice system works in India (and may be across the world as well). Here if you see, the person was remanded into judicial custody (sub-jail) even without absolute proof of his alleged crime. This was done to ensure that he does not get a chance to threaten witnesses or interfere in the police investigation in any manner. But the police also cannot indefinitely delay the investigation, and hoping that their suspect/accused (who has not been found guilty) would just remain in prison. If the proof was good, don't know why the police did not file the charge sheet and the trial started. Just for argument sake, if a person is put behind bars as a remand prisoner for 1-2 years and in the trial the court finds he is not guilty, what would be the position of the man? Please note; it is not that all Indian laws are weak. Take for example; NSA under whose provisions folks like Sharjeel Imam, Umar Khalid and now that Wangchuk chap are all behind bars, with very limited chances of bail.

[tandav]

In India Courts routinely take 3-4 weeks after final hearings to pass written judgements. It is in this interregnum where there is tremendous scope for foul play. Based on court hearings one would assume one litigant had won the matter but 4 weeks later the judgement would yield a surprise.