Feel very bad from law and order

Anup Tiwari

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NEW DELHI: While superstar Salman
Khan secured bail in barely three
hours after his conviction in a hit-
and-run case, for majority of ordinary
undertrials in the country it takes a
minimum of over three months to
get bail. According to government
data, over 60% of undertrials spend
more than three months in jail
before they can secure release. The
prolonged incarceration is due to
the inability of these undertrials to
get bail.
Close to 1.75 lakh of 2.78 lakh
people facing criminal charges are
unable to secure bail before three
months.
Over 40% (1.1 lakh) of undertrials
take more than six months to secure
bail, while over 30,000 spend more
than two years and over 64,000
spend more than one year in jail
before they are released on bail.
 
The figures point to a deeper
malaise in the criminal justice
system as bail, pending conviction,
is considered a right under Indian
law. Even in cases of heinous nature,
an undertrial is entitled to bail, if
not immediately, then after the
chargesheet is filed by an
investigating agency. Police get
three months to file chargesheet in
cases under Indian Penal Code and
up to six months under special laws
such as Unlawful Activities
Prevention Act and Maharashtra
Control of Organized Crime Act.
The fact that over 60% are
incarcerated even after chargesheets
are filed points to the fact that only
those with deep pockets to hire
talented lawyers and fight long-
drawn legal battles are able to
secure bail for themselves
 
Colin Gonsalves of Human Rights
Law Network said though bail was a
right of every individual, it was
largely available to the rich. "When
it comes to rich people, the court
has double standards. Rich even get
anticipatory bail. Salman's case is a
shocking case of miscarriage of
justice and consideration based on
class. First, it's a fit case where he
should have got 10 years in jail.
Two, why should his bail plea be
heard expeditiously when there are
hundreds such applications pending
in the high courts. Why should he
be allowed to jump queue? It sets a
bad precedent," he told TOI.
But that's not the only problem.
 
But that's not the only problem.
Courts have also been terribly slow
in disposing of cases (Salman's itself
took over 12 years). Courts have
84.8% pendency in criminal cases
while on an average over 60% cases
take more than a year for trial to be
completed. As many as 41,670 cases
take more than 10 years while 1.7
lakh cases take between five to 10
years for the trial to be completed.


http://m.timesofindia.com/india/Unl...-in-jail-before-bail/articleshow/47227367.cms
 
:wall :'( This is Peak stage of Democracy.....

Where Public rules Public :wall

It turned to Wealth rules poor :wall
 
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