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Did you read the links I gave?
In a bailable offence, the police HAVE TO give bail, there is no discretion involved. In a non bailable offence, like this one, it is a magistrate or a judge who gives bail, and there is scope for discretion. The discretion involved is whether the accused is a flight risk or not. If not, the norm is to give bail. As the supreme court has said, "Bail is the norm and jail is the exception" for undertrials.
Please read the two links I gave in post number 38, they explain very clearly how it works. You have spent half a page after that asking the same question.
So? It is an open forum, and everybody responds to everybody. If you expect a private conversation, use an instant messenger.
The question you raised was not personal in nature either. So I don't see why you expect nobody else to respond.
This does not work like the way you want it.
You have to highlight the pertaining comments beside the link, in other words, you want people to go and read the whole matter.
How about if I gave you an ebook (654 pages) for your reference without highlighting the crux of the matter in few lines?
These are deceptive tactics in an internet debate.
So you mean its discretionary alone and not in letter and spirit as laid out under the land of law as in IPC?
Deceptive tactics? Did you for a moment think I am debating you? I was only trying to help you out in understanding the basics.
Govern yourself boy. You were on slippery slope on IPC, and I came to yr rescue.
Is that the reason you were silent on my two posts viz; #39 and #40......
Lol
Its kettle vs pot situation in yr case.
I can see you are fumbling for crutches.
The law allows for discretion which is why we have high court judges. High court (& SC) judges have no limitations placed on them when they grant bail. They can be guided by the provisions that govern Section 497 but are not bound by it as they enjoy wide rights in matter of granting bail even in cases of murder.
lolz they will come back ?
Grow up. I don't have anything else to say. I'm not here looking for internet glory and victories in imagined debates. Sorry, but I have better things to do with my time. Enjoy your "victory".
Now WTF is this....It is mockery of justice...Do all under-trails in India are sent home to vote during elections ?????
Have it occurred to you that anywhere in the world if an under-trail is in prison is he or she given leave from prison for a simple reason of casting their votes or spending time home for christmas...if so there are thousands of under-trails in India imprisoned on some petty crime cases and they should all be allowed to go home....Also it occurs to everyone in the case of these two italian pricks that the Indian courts are bending backwards everytime to accommodate all their whims and fancies....They can always cast their votes at the Italian embassy if they so desired....I had heard sometime back that these guys will run for elections in Italy and if they win then there won't be any chance for them to return back to stand trial....It is part of a bigger scheme that first take permission to go home for christmas than return back and be in the good books of the courts and then again sort permission to go and vote and cunningly stand for elections...win and never come back to IndiaGood decision by Indian court. They have right to caste vote,and this is their basic duty.
So is it totally discretionary for a judge to grant a bail to Indian Citizen implicated in homicide according to you?