@Venkatesh Rao
My words are not vague or calculative but based on practical and real experience which I saw while I was in court attending a regular bail hearing. The facts of the case is that the accused was allowed anticipatory bail and then was ordered to apply for regular bail. When the accused applied for regular bail, firstly the sessions judge simply denied to accept the application as the accused was not in custody but as per S.439CrPC, the accused should be in custody.
Then after the advocate was able to convince the sessions judge to admit the application and dispose off on merits, the judge started to go against the accused and the situation within 2 hearings was that the sessions judge was about to reject the regular bail.
Now my question is, that suppose this case was under S.302IPC, and the accused was granted AB by High Court and there is no change of situation when the accused applied for Regular Bail, how can the sessions judge simply decide to reject the regular bail? Even when the defence counsil submitted 4-5 different High Court and Supreme Court judgments to support his contentions, the sessions judge simply overlooked all of them, and even once remarked verbally, "decide to mujhe hi karna hai abhi, ye judgement se kya hoga?".
Without telling anything else about this incidence, I would just say that it happened in a District Court of Delhi. Now if you feel that after such incidence my anguish is not justified, I'm ready to apologise in written on this forum. But, unfortunately for our Indian Judicial System, this is a true incidence which filled me with incidence. And finally, when this sessions judge was transferred (fortunately within 20 days due to routine transfer) another sessions judge immediately granted the regular bail in one single hearing. Still the accused was made to suffer by the Judge's Clerk who demanded Rs.200/- while accepting bail bond and taking thumb impression of the accused.
The situation in our system is so bad that is why we have so many cases pending and no chance of survival of innocents. That is why no guilty is afraid of committing repeated offences while the innocent man fears of even making a genuine complaint!!
//peace
//Saurabh..V