Month August 2021

Bail as an exception and jail as a rule and not bail as a rule and jail as an exception “a privilege for the already privileged?”

We, over the period of time have been witnessing a migration of the judiciary from the well settled principles of criminal jurisprudence, which is presumption of innocence until proven guilty. Remand has been an important judicial function which has been treated very casually. It has become a trend to allow all applications for remand for the sake of investigation. What we tend to forget is that liberty of an individual is linked to the procedural laws, and violation of these laws shall lead to violation of the rights of an individual in addition to his right to fair trial.

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