The right approach – SC observations on bail system

Source– The post is based on the article “The right approach” published in “The Hindu” on 22nd July 2023.

Syllabus: GS2- Judiciary

Relevance: Issues related to criminal justice system

News- Recently, SC granted regular bail to activist Teesta Setalvad.

What are the observations of SC in this case?

Courts should adopt a common-sense approach for granting bail. It should avoid the tendency to keep someone in prison solely based on strong opposition from the police.

The Supreme Court of India rejected the Gujarat police’s argument that the alleged seriousness of the offence justified denying her bail.

The case relies primarily on documentary evidence, all of which is already included in the charge sheet. So, the Court has no reason to keep her in judicial custody.

What is the importance of the verdict?

The verdict reminded us that an order of bail must be the norm. The factors which must be taken into account are- (a) Likelihood of the accused fleeing justice or being available for trial. (b) Influencing witnesses or tampering with evidence.

Seriousness of the offence is an important aspect. But, it should not be the sole determining factor.