Gowda Urges Law Panel to Ex­plore ‘Uni­form’ Bail Act Bail(s) should not be a mat­ter of dis­cre­tion (of judges). A poor per­son should be treated at par with the rich

Con­sid­ered close to Akhilesh, Ran­jan ap­pointed chief secy in May ’14

The Economic Times - - Pure Politics -

come un­der se­vere crit­i­cism from a cross-sec­tion of so­ci­ety,” he had said. “There­fore, the bail sys­tem as it is prac­ticed in In­dia may have to be stud­ied in de­tail and ma­jor re­vamp may have to be brought in.”

A se­nior of­fi­cial of the law min­istry, re­quest­ing anonymity, told ET, “Bail(s) should not be a mat­ter of dis­cre­tion (of the judges). A poor per­son should be treated at par with a rich or an in­flu­en­tial per­son when it comes to grant of bail. And that is pos­si­ble only when there are spe­cific guide­lines laid down for grant of bail.”

Another ben­e­fit of this, the per­son said, will be “that the judges would be re­quired to give rea­sons for deny­ing bail which would ben­e­fit an ac­cused or an un­der­trial in chal­leng­ing the or­der be­fore an ap­pel­late court”.

“Since at present bail is a mat­ter of dis­cre­tion (of the judges) the ac­cused vir­tu­ally has no co­gent rea­son to im­me­di­ately move in ap­peal against the de­nial of bail,” the per­son said.

The law min­istry has told the Law Com­mis­sion to sub­mit a re­port af­ter de­tailed ex­am­i­na­tion of the sub­ject.

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