Author: Jagruti Yadav, a student at Sharda University Greater Noida
ABSTRACT
Apparently, getting a bail is now as easy as writing an essay. This being said sarcastically, I want to shift your attention towards the recent Porsche accident case in Pune which occurred on May19th, 2024. This article deals with such conditions of granting bail which are un-justiciable and are mostly influenced by the biasness present in the legal system. The objective of this article is to critically analyze the criteria of granting bail and condemn the partiality and unfairness existing in the field of law and justice. It will also help the legal society to repent and recognize its flaws better. It will show that how influential and rich people can get away with any crime they do and the innocent and poor people are not able get justice. Even though the judicial system is said to be unbiased and fair, there are instances where the blind law actually becomes unfair. This article’s main aim is to spread awareness regarding this biasness and help the judiciary to regain the trust of the common people.
INTRODUCTION
According to the Sec 279 of Indian Penal Code 1860, rash driving or riding on a public way is considered a minor offence. But when it leads to death of a person then it is dealt under Sec 304A which is death by negligence and this is a severe offence.
A couple in Pune, Ashwini Koshta and Aneesh Awadhiya died in an accident caused due to a speeding car at above 150Km/hr, which was allegedly being driven by a 17 year old boy who was drunk and had no license. The minor and the other two people who were present there in the Porsche were taken into police custody immediately. But the twist comes when the minor get released on bail given by the orders of a district court within just 14 hours of detention. It was informed by the police that the bail was granted because the court did not find the crime committed by the juvenile to be serious.
Apparently the 17 year old boy is the son of a renowned builder in Pune. And this statement in itself justifies the reason why he was bailed out so soon.
What’s more shocking is that the Juvenile Justice Board granted bail to the accused minor on the same day which is May19 and the conditions for that were controversial for the public. Evidently, the conditions put forward by the board were as simple as being directed to visit the Regional Transport Office, study traffic rules, and submit a presentation to the Board within 15 days. The PTI quoted while stating the Board’s order that the CCL (Child in Conflict with Law) will have to write an essay of 300 words on the topic of Road Accidents and Their Solutions.
It is ridiculous to see how these influential and seemingly rich people get away with any crime they do just because they have the money and power to actually influence the justice system.
Although, later on the minor and his father were arrested again on May 22 and May21 respectively, the boy’s earlier release had already disclosed the true colors of the unfair and biased justice system.
It is not uncommon for the judges to allow a minor to be released on bail under certain condition such as writing an essay, attending counselling, or adhering to a curfew as way to address underlying issues or demonstrate remorse. But the fact that the 17 year old boy was just 3 months behind 18 and his father gave him the permission to drive Porsche and had allowed him to go to a party knowing that he drinks, in itself is the justification of the spoilt behavior of the juvenile. Rich people can think that they can get away with anything wrong they do and it is unfortunate that it is actually mostly true. Someone has said correct, “Rich people are just poor people with money”.
CONSIDERATIONS FOR GRANITING BAIL
Bail in Indian Law is mentioned under Sections 436 to 450 of the Criminal Procedure Code 1973. These provisions regarding bail also outline the some of the considerations for the judges to help the procedure of granting bail to become easier for the judges.
The judges need to consider a lot of things while granting bail to any accused. These considerations may become one of the reasons for the bail grant to be biased. The judges consider various factors such as the individual’s age, criminal history, ties to the community and potential flight risk.
While there were many good reasons to grant the minor bail, the police said that the reason was the non-seriousness of the crime. The court’s decision was also judged for being a ‘mockery of justice’ by the politicians, police officers and laypersons.
There is a strong public expectation when it comes to the punishment of a minor committing heinous crimes and grave offences. This order might become a starting point for the Juvenile Justice Boards all over the country to apply the law on bail in stricter manner than the law actually mandates.
When deciding whether to grant the accused bail or not the judges take into account various factors to ensure the defendant’s appearance in court for the future court dates and protect public safety. Such considerations include severity of the offence, flight risk, criminal history, public safety, community ties and support, financial resources, mental health and substance abuse issues, likelihood of future offences, flight risk mitigation measures, defendant’s behavior and cooperation, etc.
These considerations help judges balance the defendant’s constitutional rights to pre-trial release with the need to ensure public safety and maintain the integrity of the judicial process.
How do people get out on bail even after committing heinous crimes
There have been many instances where the people get bail very easily even for committing serious crimes. Even though these might be right in the eyes of law, the biased conditions and unfairness of the justice system is clearly depicted in these cases. Cases just like the Porsche accident case may be correct in the eyes of law but a minor after hitting two people with his speeding car and causing their death cannot be justified just by granting bail in 14 hours that too on the condition of writing an essay. Apparently the accused minor was the son of a renowned real estate business owner which evidently justifies the reason for this bail grant.
Similar instances can happen where people may get bail even after committing serious offences and get away with it easily. In India, individuals are presumed to be innocent before proven guilty. This presumption cannot always work as there are cases where the crime committed is very much evident to be committed by the accused.
Seemingly, if the judges feel that the accused is not a danger to the community they may grant bail. Bail is sometimes merely accompanied by the promise of defendant’s compliance and public safety, which is fine but these conditions need to be applied strictly.
Individuals with access to financial resources and means are mostly able to afford higher bail amounts even after committing heinous crimes which is unfair for the poor and innocent people. They can also hire experienced legal representation to argue for their release. And later these skilled legal attorneys offer compelling arguments in front of the court during bail hearings. They may offer manipulative factors emphasizing the defendant’s release.
Sometimes the grant of bail is even based on stupid and ridiculous factors such as overcrowding of jails. This factor is also not justiciable as people who have committed serious offences must be punished. The courts grant bail just to reduce the pressure on the prison system which is just very ironic.
In the cases of influential community members the community support plays a great role in the bail grant as the community vouches for the member and advocates for the defendant’s release. The often cite their community ties and positive contributions they have made.
In this way it has been revealed that the justice system is often influenced by the rich people any many other factors which can be as ridiculous as overcrowding of the jails. This shows how the procedure of granting bail has loopholes and how we as common citizens of the land need to identify and correct them in order to have good expectations with the justice system.
CONCLUSION
In conclusion, this topic underscores the importance of ensuring fairness, equality and upholding the legal principles with work ethics and professionalism for the process of granting bail. While bail serves as a fundamental aspect of criminal justice system it is crucial to administer and ensure the transparency guided by the ides to prevent discrimination, biasness and arbitrary decision making.
The factors such as political connections, socioeconomic status, race, ethnicity and other forms of privilege, have raised alarming concerns throughout the history. The criteria of bail must be based on the factors to promote equity, transparency, accountability.
This can happen if we follow certain steps to ensure that the bail process is smooth and is in accordance with the rule of law. Implementing clear guidelines and procedures for bail hearings, increasing access to legal representation to indigent defendants, providing training for judicial officers to recognize and mitigate bias, and fostering community oversight mechanisms to monitor bail practices. These are some of my suggestions as a responsible citizen of the country with the intention of making the legal society a better place and for the bail process to be a little stricter in the cases of serious crimes and offences.
We need to challenge the un-justiciable criteria for granting bail easily especially for heinous offences. We need to advocate for the reforms that help in developing a more just and equitable bail system. By working together to address systemic inequalities and uphold the principles of fairness and justice, we can strive towards a bail system that reflects the values of equality, dignity, and human rights for all individuals involved in the criminal justice process.
