Another CAA protester gets Bail in Delhi Riots as identity not proved दिल्ली दंगो में एक और ज़मानत https://www.youtube.com/watch?v=-watjA4Am6I
Sep 5, 2021 Legal question : when the charge is of unlawful assembly, then all under Sec 34 common intention, Sec 149 common object..all persons are liable.. But at the time of bail, if there is no clear proof of that persons involvement, bail is not deniable.
Revision of penal laws overdue Oct 24, 2019 https://www.tribuneindia.com/news/archive/comment/revision-of-penal-laws-overdue-851464
Home Minister Amit Shah’s call for the revision of the Indian Penal Code (IPC) is being subjected to unnecessary criticism.
recent developments such as the enactment of the UAPA and the use of criminal law against political opponents have made some experts apprehensive that the revision would make the IPC further regressive and retributive. ..Criminal law reform must not be guided by retribution and deterrence, but by reformation and rehabilitation. ..
Justice Fitzgerald observed: ‘The law of conspiracy is a branch of our jurisprudence to be narrowly watched, to be zealously regarded and never to be pressed beyond its true limits.’ Under Section 149, mere membership of the assembly without any participation in the crime is sufficient. In several cases, people were sentenced to death, though most of them were not even present near the scene of the actual crime. Marital rape should be made a penal offence.
On the procedural front, an independent directorate of prosecution should be established. Investigation and prosecution are different functions. Witness protection regime must also be introduced and law of bail should be revised. Insistence on sureties must go.
Delhi Riots Bail Orders: CAA Protests are not Terrorist Activity | विरोध और आतंकवाद अलग | https://www.youtube.com/watch?v=-D-Mngkda5s Jun 15, 2021
Strange and Arbitrary Bail Orders: Are Indian Judges Going Too Far? https://thewire.in/law/judges-bail-orders
28/APR/2020
A look at recent orders placing conditions on bail raises several questions. In granting bail one must balance the personal liberty of the accused with public justice. Lately, there have been many problematic bail orders both in terms of their length, what they stated as well as the conditions these orders imposed.
The law is clear that conditions which have no nexus with the object and purpose of bail and tend to be in the nature of harassment of the individual or even an infringement of their constitutional and legal rights cannot be brought within the purview of the lawful exercise of ‘judicial discretion’.