Large number of people emotionally wishes bail.
Much larger number also emotionally wish that bail should not be granted.
Supreme Court is not concerned with this.
2) One legal consideration for grant or refusal of bail pending appeal is length of sentence.
If sentence is short, bail is granted till hearing of appeal.
3) Here, there is question mark on length of sentence.
3) Here, there is question mark on length of sentence.
Law provides for 24 hours cooling period after conviction is pronounced.
Only after 24 hours, judge can decide on length of sentence after hearing both sides on quantum of sentence.
4) In this case, this statutory requirement is not followed. Advocates of accused are not given enough time to prepare argument on what length of sentence should be imposed by court.
The conviction and judgement here, is passed on same day. Here, there is a legal flaw. This flow may not affect conviction. But it has bearing on length of sentence.
If cooling period of 24 hours was observed, the judge might have given one year sentence and then bail could have been natural course. It is A possibility.
5) State counsel said in high court that he had no objection to conditional if bail granted. He cannot now change his this stand in Supreme Court.
4) In this case, this statutory requirement is not followed. Advocates of accused are not given enough time to prepare argument on what length of sentence should be imposed by court.
The conviction and judgement here, is passed on same day. Here, there is a legal flaw. This flow may not affect conviction. But it has bearing on length of sentence.
If cooling period of 24 hours was observed, the judge might have given one year sentence and then bail could have been natural course. It is A possibility.
5) State counsel said in high court that he had no objection to conditional if bail granted. He cannot now change his this stand in Supreme Court.
So the balance tilts in favour of granting bail pending final hearing of appeal.
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This is of course a technical view. My personal view. I am not concerned with case in any way.
Ultimately, Supreme Court is Supreme.
Haresh Raichura
15/10/14
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This is of course a technical view. My personal view. I am not concerned with case in any way.
Ultimately, Supreme Court is Supreme.
Haresh Raichura
15/10/14
