Bail granted to an accused: A misinterpretation of Section 438 CrPC
crpc_bnss judiciary intermediate judgment_takeI strongly disagree with the reasoning in Gian Singh vs State of Punjab (2012) 6 SCC 360, where the SC held that bail under 438 CrPC can only be granted in exceptional cases. The court's approach is overly rigid and doesn't align with the spirit of the law. Bail under 438 is meant to be a preventive measure, to ensure that the accused is not harassed or prejudiced during the investigation. By limiting it to 'exceptional cases', the court has created a situation where police custody is often the norm, even in cases where the accused is not a danger to society. This is particularly problematic when it comes to judicial services, where we need to be able to balance individual rights with the need for public safety.
2 Comments
"Accha, ek sahi point hain. Section 438 CrPC ka arth kuch logon ko samajh me nahin aata hain. Vah nirdharan nahi karti hai ki accused ko bail milta hai, balki yeh police ki wajah se jaanch me delay hone par victim ko suraksha deti hai. Isliye, court kya karti hai woh police ko accused ko pakadne ke lie ek time frame deti hai.
"Bhai, yeh topic bahut interesting hai, lekin kuch confuse karne wala hai. Jee haan, bail granted to accused ke cases mein kai baar Section 438 CrPC ka misuse hota hai. Lekin, yeh dhyan dein ki uske liye koi evidence aur proof ki zarurat hoti hai.