bail to under-trial prisoner
A Truthseeker
(Querist) 27 April 2009
This query is : Resolved
criminal trial takes long time.an accused committing crime gets bail and remains free for several years creating impression meanwhile in the society that most offenders are little affected for doing wrongs. if the UTPs are granted only interim bail with condition to maintian a personal diary recording his hourly engagements , and in case of illeterate persons with the help of others can we expect better law and order?
dhiraj choudhary
(Expert) 28 April 2009
supreme court has given directions to all the subordinate courts not to give bails to under trials in routine n principle of "bail and not jail" is now not followed generally.more over trial courts grants bail,not necessary after 5-6 years to an utp only most of the witnesses have turned hostile.
N.K.Assumi
(Expert) 28 April 2009
Dhiraj,
Grateful if you can give the name od the parties with citation of the Apex court rulings: "Bial and not jail"
Uma parameswaran
(Expert) 28 April 2009
There are many causes for taking long time in criminal trial. To check the free mobility of the offenders, it is very necessary to make changes in Judiciary. By providing dairy recordings will only give more complication under current system of Judiciary
A Truthseeker
(Querist) 28 April 2009
Uma,
can you tell what type of complications may arise if the bailed out UTPs are directed by Court to maintain diary for monitoring themselves that Court can't cope with?
Uma parameswaran
(Expert) 29 April 2009
Sir,
The assumption of innocence until proven guilty and the right to personal liberty as guarantees under our constitution needs to supply to the UTPs .Bail is always provide under strict conditions only. When a bail is agreed by the court it means the accused is free to move around in the community. To satisfying the court for getting bail is also a stressful part of his / her case. Putting conditions upon persons contrary to their status and conduct in the society is violation of their rights. It is better to be in the jail than in outside under such strict conditions. Free movement is curtailed and the meaning of bail itself is affected. It is just as carrying a stigma. It will be a mental torture to the accused. The existing social problems such as high population, corruption, deficiency in the system of police, misusing of power, Lack of infrastructure in judicial system, over burden of work by the officials etc give only pain and pressure to the UTPs. In the midst of this Dairy recordings can also become unfair and corrupt.
A Truthseeker
(Querist) 30 April 2009
Madam,
in west bengal utps are being provided with primary to higher education by ngos.inside correctional home. if instead of teaching them in confined condition they are given scope outside jail would it be more humiliating for them?
