Wednesday, December 08, 2004
Indian laws on Granting Bail

Here is a detailed note on the procedures of granting bail in a criminal case in India.

Now, the Shankaracharya is accused of a crime that carries a death penalty or life imprisonment. It is a non-bailable offence - which does not mean that bail cannot be granted - it is upto the court to decide whether or not to grant the bail.

Now, the court has said that there exists prima facie evidence against the Acharya. That merely means that the police report leads the judge to believe that he smells something fishy. It does not mean he is guilty. Based on that, under the subclause 1(i) in that page, the court is refusing bail.

However, it is indeed shocking that the court is repeatedly ignoring the fact that many pieces of the so-called evidence have turned turtle, and that the police are now relying on hear-say to fix something on the Acharya.

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