AK-47 was charged with defamtion case..Fine. The police registered a FIR..Fine. He was charged under some non-bailable sections..fine. He was presented to the court. What are all expected by the MAHAMAHIM COURT to consider that the charges are cognizable, can stand scrutiny of the court and sections mentioned are correct? Is the Judge keep his/her eyes blind folded as the LAW God? Or he /she is to apply his/her mind to the case and reject it then & there so that indian Jails are over crowded with undertrials. Why should a person charged with some non-bailable offence be asked to furnish bond if the Judge do not apply his/her mind at the first place..This bail business is flawed..it IS HERE THINGS SHOULD BE NIPPED IN THE BUD..the case should dismissed giving sufficient time to bothe parties..By not doing so Judges are playing into the hands of the Police who are party to corrupt to the core system..
I don't think bail law is flawed, but rather the judicial mind set is. Just because the police inserted non bailable offense or bailable sections in the case, it does not mean that the police version is final, otherwise there is no need for the judge to occupy that seat of Temple of Justice. In majority of the case the Judge becomes blind and refused bail even if the fact makes out a bailable offense. In fine, it is not the law that is color blind but the judge is.