New Delhi: The Supreme Court has asked the Central government to consider enacting a new bail act. So that the grant of bail can be made effective. The apex court has said that it still exists in India in almost the same form as the pre-independence Criminal Procedure Code amendment.
A bench of Justices SK Kaul and MM Sundaresh said that, freedom is enshrined in law, it should be protected and saved. There has been a flood of undertrials in the jails of the country. The court said that, according to the figures before us, more than two-thirds of the prisoners in the jails are undertrial prisoners. Apart from cognizable offences, most of these prisoners may not need to be arrested. The Supreme Court has recommended the new bail act at a time when the bail pleas of several undertrial prisoners, including activists, political leaders and journalists, are being heard.
The Supreme Court has said, "In a democracy, there can never be a police rule. The conviction rate in criminal cases in India is quite low. In such a situation, this factor affects the discretion of the court while deciding the bail applications in a negative sense. The court thinks that the possibility of conviction is near. In such a situation, the bail applications will have to be decided strictly contrary to the legal principles. We cannot consider a bail application. Which is not punitive in nature with a possible decision through trial. On the contrary, the final acquittal after continuous detention would be a case of gross injustice.''
The supreme court said that criminal courts along with trial courts are especially guardians of liberty. In such a situation, any intentional mistake made by the criminal court will be a disdain for freedom. The apex court said that it is the duty of the Supreme Court to protect the constitutional values and ethos and maintain a constant vision. Not only this, but the court has also advised the investigating agencies. The court said that while the suspect is in captivity, the investigating agency will also have to expedite the investigation process. In such a situation, the agency has been tasked to complete the investigation within the stipulated time. A failure will be able to release the accused.
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