SHILLONG: In what could be called a travesty of the justice delivery system, the NEIGRIHMS doctor accused of sexual molestation, who was refused bail on June 15, again moved a bail petition on June 16 and 17 but it could not be heard because of internet failure.
The link was down on Tuesday and Wednesday and hence the bail petition could not moved by the defendant party. NIC could not help in the matter either.
The accused doctor’s wife who is seven months pregnant was accompanied by some doctors from NEIGRIHMS and had to wait for hours together for two consecutive days, for the lawyer to be able to present the bail petition online in the trial court.
The Supreme Court in the case of Kamlapati Vs State of West Bengal, defines bail as “a technique which is evolved for effecting the synthesis of two basic concepts of human value, viz., the right of an accused to enjoy his personal freedom and the public’s interest on which a person’s release is conditioned on the surety to produce the accused person in the Court to stand trial.”
In the case of State of Rajasthan Vs Balchand, the Supreme Court laid down that the basic rule is bail, not jail, except where there are circumstances suggestive of fleeing from justice or repeating offences or intimidating witnesses and the like.
