Legal Fighter (Advocate) 20 May 2010
What purpose is solved by keeping a person in judicial custody for 5-7 or 10-15 days who is alleged to have committed some crime such as dowry harassment i.e. 498A or like any other minor offence. Normally, the person is sent to judicial custody and after few days, he/she is granted bail.
Does this solve any purpose or is it just the normal practice which is followed without having any reasonable reason and cause.
Guest (Guest) 20 May 2010
Yes. Mr. Legal fighter,
You have raised a very pertinent issue. At the time of filing charge sheet itself, the magistrate knows that the prosecution will definitely fail to bring evidence "beyond reasonable doubt" against the accused. Hence, as a deterrent, he would put the accused for a few days behind the bar and let him go later on. This is not only in case of Section 498-A or other matrimonial offences. the procedure is same in respect of minor fightings, pick-pocketing etc. where non-bailable offences are charged. If any one goes to strict interpretation of bails provisions of Cr.P.C., it is crystal clear, that the magistrate does not have such "discretionary power" as they are yielding at present and in 99.99% cases of non-bailable offences, the accused is entitled to bail on the first day of appearance.
Guest (Guest) 20 May 2010
corrigendum:
Kindly read "FIR" in the place of "charge sheet" in the second line of above post.
mukesh (Executive) 25 May 2010
You mean Judge think , Accused temper the evidance if he get bail. ?
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