The Bold Voice of J&K

Bail should be more a norm than exception

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Dear Editor,
More often than not the Supreme Court (SC) has voiced its concern over denial of bail. Bail should be more a norm than exception, says SC. The voice of Supreme Court should be heard by all the subordinate courts in respect of criminal cases faced by common people. Politicians should be exception. Because more often they issue statements that harm the public harmony, they work more for personal benefits and they do not care to cause physical harms to their rivals. Many times the cases of politicians lack merits for consideration of bail. Bail should be more a norm because, the trial in trial courts take a long time. If the accused is exonerated of the charges framed against him at a later date, his period of stay in jail shall stand unjustified. Expeditious disposal of cases can be helpful to keep the accused in bail for as much less time as possible. The time spent in jail in respect of the persons acquitted by the courts cannot be remedied. If the accused is convicted, the time spent in jail can be deducted from the sentence passed. While the convict gets relief with reduced period of stay equal to the time spent in jail during trial while passing the final orders, the person judged as innocent cannot get any relief for the time spent in jail. Political prisoners celebrate the bail obtained as if they are freed from the case. They claim victory and try to impress the people that they were lodged in jail even though they are innocent. The accused on bail may or may not be exonerated of the charges. The ‘accused’ tag will not go until they are exonerated of the charges and the accused becomes convict if he is convicted for the offence framed in the charge sheet. Bail is granted if the detention of the accused is not required and if the court believes that the accused on bail may have no chance to tamper with the evidence. Many times conditional bails are granted. Even for this it is the wont of political leaders to claim victory. Bail is neither victory for the jailed nor is it conviction for him for the political rivals to rejoice.
K.V. Seetharamaiah

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