Manu Sharma is sentenced, he seeks bail. Sanjay Dutt is sentenced, he seeks bail. Shibu Soren is sentenced, he seeks bail.
As a layman I do not understand how a person who has been convicted and sentenced on the basis of charge sheet, FIR, evidences, witnesses, hearings in court proceedings etc. (very often running to several months if not years) can be granted a bail! Does the law not require the person to continue in prison when his appeal in higher court is pending?
Will someone clarify? ::u must know it is time to earn money from share market. i found 'share market plus .com' a perfect website for all needs.
The question of Bail, it depends upon what type of lawyer you are engaging for your defence council. If you are engaging Solib Sorabjee, Nariman, Palikwala, venugopalan, salve etc. I am quite sure you will win the case becuase the present all over India High court /supreme court judges are student of these top laywers. No there is no question that you will not get bail. That is why all the big shots are engaging such high profile lawyers.
RE:???
by krishna tripathi on Nov 27, 2007 05:09 PM Permalink
r u sure he is a murderer? were u there on the spot? many falsely convicted by lower courts have been rightly aquitted by SC...
RE:???
by S&S Computers on Nov 27, 2007 05:20 PM Permalink
Rakhi, to hang or not may be a debatable issue. But I think you will agre that he deserves examplery punishment
RE:???
by Lalji on Nov 27, 2007 05:36 PM Permalink
yes i am agree with that these people are guilty and sc has given proper decesion of not giving bail to r.sharma
RE:Law is there
by hardik mehta on Nov 27, 2007 04:50 PM Permalink
oh gr8 man thanks for making us believe :)post kar diya comment mil gayi.khush ho gaye..ghar jao abhi..God bless jessica and family for fighting till now..kudos for them and shame on manu--sounds like gangster
RE:why rejected
by rahul nanda on Nov 27, 2007 04:59 PM Permalink
by rahul nanda on Nov 27, 2007 04:58 PM Dear Friend, Bail does not mean that the person is free. Bail is given once the Court granting it is satisfied that the person who got it will be appearing in the Court for the trial and all further proceedings without fail. The Court ensures this by way of sureties and Bond amount.The logic is that once the Court is convinced that the accused will be present for further proceedings, there is no reason that the person should be imprisoned. If at all he is found not guilty in the end who will repay for the days he spend in jail unjustified. To avoid that the accused is set at liberty with conditions. He will have to seek the permission of the Court for many matters such as travelling abroad etc. Don't be mistaken into thinking that once a person gets bail he has been aquitted. The charges are still there and the Court will find and decide on them. We will only appreciate all these allowances only when one of us is convicted wrongly and suffers unjust imprisonment. In the acquisitorial system of justice that we follow it is the prosecution which has to prove the case. Not the accused to disprove the case charged against him.( There are exceptions to this rule--for example in cases of rape.) Hope this answer is enough. I'll be available for further clarifications.
RE:why rejected
by Paul Samuel on Nov 27, 2007 05:08 PM Permalink
WHAT CLARIFICATION CAN U GIVE...SANJAY DUTT IS A PROCLAIMED OFFENDER AND HE HAS ADMITTED N COURT OF POSSESSING ILLEGAL ARMS... THAT MEANS HE IS A CRIMINAL.. WHY DOES HE NEED A BAIL... LET HIM BE IN JAIL AND ENJOY THE PRIVILEGES IN JAIL FOR SOME TIME...HE HAS TO PAY FOR HIS DEEDS...DO NOT SUPPORT CRIMINALS LIKE SANJAY DUTT..
Manu Sharma is sentenced, he seeks bail. Sanjay Dutt is sentenced, he seeks bail. Shibu Soren is sentenced, he seeks bail.
As a layman I do not understand how a person who has been convicted and sentenced on the basis of charge sheet, FIR, evidences, witnesses, hearings in court proceedings etc. (very often running to several months if not years) can be granted a bail! Does the law not require the person to continue in prison when his appeal in higher court is pending?
RE:What is the meaning of a sentence, if bail is given?
by krishna tripathi on Nov 27, 2007 04:59 PM Permalink
it is not a convict's right to get bail. he can only appeal. the higher court, on the basis of merits, can or cannot grant bail. actually if u look deeply, the rule is not bad. it is only that some people misrepresent the matter, and do it brilliantly, and take advantage of the general principle of law "let go 100 guilty but dont punish one innocent". u will not like it friend, but be sure, this is the true spirit of law. u will only understand and appreciate this if u get falsely accused or even convited by a lower court...I hope u are satisfied..
RE:What is the meaning of a sentence, if bail is given?
by adn on Nov 27, 2007 05:08 PM Permalink
Dear Rajnarain, It's plan and simple. All the three of them are rich and politically connected. If it was people like you and me.... they would have locked us and thrown away the key.
RE:What is the meaning of a sentence, if bail is given?
by rahul nanda on Nov 27, 2007 04:58 PM Permalink
Dear Friend, Bail does not mean that the person is free. Bail is given once the Court granting it is satisfied that the person who got it will be appearing in the Court for the trial and all further proceedings without fail. The Court ensures this by way of sureties and Bond amount.The logic is that once the Court is convinced that the accused will be present for further proceedings, there is no reason that the person should be imprisoned. If at all he is found not guilty in the end who will repay for the days he spend in jail unjustified. To avoid that the accused is set at liberty with conditions. He will have to seek the permission of the Court for many matters such as travelling abroad etc. Don't be mistaken into thinking that once a person gets bail he has been aquitted. The charges are still there and the Court will find and decide on them. We will only appreciate all these allowances only when one of us is convicted wrongly and suffers unjust imprisonment. In the acquisitorial system of justice that we follow it is the prosecution which has to prove the case. Not the accused to disprove the case charged against him.( There are exceptions to this rule--for example in cases of rape.) Hope this answer is enough. I'll be available for further clarifications.
RE:What is the meaning of a sentence, if bail is given?
by Prof. R K Gupta on Nov 27, 2007 05:06 PM Permalink
have you come new to india?This is called perpetual process of justice.Like we belive in perpetual life cycle our courts keep busy withj same case of years and decades shamelessly.One court convicts( in 5 years),other one acquits in next 3 or 5 years then next higher one comvicts back afyer 7 yeasr (high court) then the hiughest one agin acuits after 3or 5 years (supreme coiurt)meanhwile convict remains out on bail most of time and acrries on crimes happily.Called charge sheeter by police.You can count the total time now and total bails and imprisonments.Finally nothing come sout.Lawyers earn 50,000 to 5 lacs rupees ,poolicemen make another 10 or 20 000, the victim gets nothing except ulcers and poverty.This is picture of Indian legal system or shall we say illegal system?No one has shame.No one has accountability.It is free for all.Everyone enjoys at cost of victims.criminlas are happy feeding on state cost.If you crriticise or expose the corrupotion and negligence iof duty of judiciary ,you are threatened by contempt of court.But if person does not follow court order, no contempt is there.Is that not funny? A few VIP cases can not make fool of masses who only get injustice from syemtem of justice in India.For 1 Manu sharma tens ofcriminals go scot free beacuse the vitime is helpless and polioce and courts are shameless.WE are already free since 60 years.How many more decades wil it take to give justice to all in 2 years time? Big Q for judges and PM and President to think
RE:What is the meaning of a sentence, if bail is given?
by rahul nanda on Nov 27, 2007 04:58 PM Permalink
by rahul nanda on Nov 27, 2007 04:58 PM Dear Friend, Bail does not mean that the person is free. Bail is given once the Court granting it is satisfied that the person who got it will be appearing in the Court for the trial and all further proceedings without fail. The Court ensures this by way of sureties and Bond amount.The logic is that once the Court is convinced that the accused will be present for further proceedings, there is no reason that the person should be imprisoned. If at all he is found not guilty in the end who will repay for the days he spend in jail unjustified. To avoid that the accused is set at liberty with conditions. He will have to seek the permission of the Court for many matters such as travelling abroad etc. Don't be mistaken into thinking that once a person gets bail he has been aquitted. The charges are still there and the Court will find and decide on them. We will only appreciate all these allowances only when one of us is convicted wrongly and suffers unjust imprisonment. In the acquisitorial system of justice that we follow it is the prosecution which has to prove the case. Not the accused to disprove the case charged against him.( There are exceptions to this rule--for example in cases of rape.) Hope this answer is enough. I'll be available for further clarifications.
