What is the urgency, Counsel ?? Asked the HC in a matter where the accused in jail since October 2020. Chargesheet is filed in Feb 2021. Waiting for a hearing of bail application since March 2021. In an offense that's clearly an afterthought & perverse. Against settled law.
I effing traveled 300 kms, despite the virus risk, (though the hearing was virtual, the 1000+ page chargesheet & application were at Mumbai office), the young man of 32 years is behind the bars for 6 months where even 1 day jail is unwarranted & unjustified.
And, just like that ....just like that ...the Hon'ble Judge says : what's the urgency. Ask his wife. Ask his failing health in the dungeon that's Arthur Road jail. Ask his pre-teen kids. Ask his ailing & elderly father-in-law, who ultimately passed away. Try asking them.
Besides the human emotions, IMO, no HC Judge should be given the bail roaster for more than 1 term. The sensitivity of the incarnation gets numbed. With thousands of bail matters being listed & the Judge being unable to hear & decide - He becomes oblivious of the law & humanity.
So, the CJs of the HC should rotate the roaster of bail applications, after every assignment change. Let someone who's alive to the Constitutional guarantee of right to life & liberty sit on the bail/anticipatory bail assignments.
Citizens would be benefited.
Citizens would be benefited.
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