In Hyderabad, there is confusion among both the general public and legal experts about how bails are granted by different courts in India. While bail is supposed to be the rule and jail the exception, in reality, it often depends on luck and circumstances whether a bail petition is successful. The guidelines set by the High Courts and Supreme Court for bail are often not followed as strictly as they should be.
According to criminal jurisprudence, the court should only impose restrictions on an accused person on bail that are necessary to prevent them from absconding, interfering with the investigation, threatening witnesses, or tampering with evidence. Other conditions such as reasonable bail bonds, not making public statements about the case, and cooperating with investigating agencies are also typically part of a bail order. The court should consider factors like the accused’s background, willingness to face trial, and personal circumstances like family responsibilities when deciding whether to grant bail.
Despite these guidelines, bail petitions often seem inconsistent and influenced by various factors. Judges must balance legal principles with public perception to ensure that justice is not only done but also seen to be done. It is a challenging task that judges must navigate carefully.
In other news, the Hinduja family in Britain recently faced legal trouble in Switzerland for mistreating household servants. Meanwhile, the Kerala High Court emphasized that serious crimes like murder and rape should not be compromised, even if the victim and accused reach a settlement. The Patna High Court overturned a law extending reservations for SC, ST, and OBC communities to 60%, citing violations of the Indian Constitution. Lastly, the Delhi High Court ruled in favor of Infosys Limited in a trademark infringement case involving Southern Infosys Limited.