An explainer on the reported reasons for different custody outcomes for CJP leaders, the disputed peace-bond allegations and BNSS safeguards.
The Delhi High Court has granted bail to Jagtar Singh Johal in a batch of NIA cases under the UAPA, setting aside the trial court’s refusals. Noting that he has spent over eight years in custody with 123 witnesses still to be examined and no prospect of the trial concluding soon, the Court held that the constitutional right to a speedy trial can justify bail even under the UAPA’s stringent regime. The allegations are untested; the grant is subject to stringent conditions.
A man in judicial custody in Raebareli since May was granted a few hours of short-term bail by the Allahabad High Court to appear in the physical test for Uttar Pradesh Home Guard vacancies. Justice Rajeev Bharti directed that he be released for the day in police custody, escorted throughout by two constables, and handed back to the jail by evening.
The Allahabad High Court has denied bail to a real-estate promoter facing money-laundering charges over the alleged diversion of Rs 126.30 crore of homebuyers’ money, observing that white-collar crime has grown too pervasive to be met with anything less than firm enforcement, and that a firm stance would dispel the perception that wealth and status buy a softer form of justice. The allegations are untested; the Court confined its remarks to the bail stage.
Granting bail to a woman in a dowry-death case, the Allahabad High Court flagged a pattern of investigating officers skipping the optional audio-video recording of witness statements under Section 180 BNSS, allegedly to write statements themselves by copying the FIR. It directed the UP DGP to consider making such recording mandatory and issued a set of investigation guidelines to make the process fair and transparent.
Refusing bail to the grandfather of a one-month-old girl allegedly killed because she was a second daughter, the Bombay High Court’s Nagpur Bench observed that even 80 years after independence people still prefer a male child, and called it a classic example of the murder of a girl child. It noted the death occurred within the walls of the applicant’s home, that a scene was allegedly staged, and that an ASHA worker’s warning was ignored. The allegations are untested.
Granting bail to a man accused of sending an email with derogatory remarks against the Uttar Pradesh Chief Minister, the Allahabad High Court held that if a case for bail is otherwise made out, an accused cannot be kept incarcerated solely because of his criminal antecedents, where those antecedents stand explained. The man had been in custody for about two and a half years with the trial moving slowly. The allegations are untested.
The Madhya Pradesh High Court has given the CBI a week to respond to the regular bail application of former district judge Giribala Singh in the Twisha Sharma dowry death case. Singh, mother-in-law of the deceased, denies the allegations. The matter is listed for September 21 and nothing has been established at trial.