The recent bail given to the "Killers of Aman Kachroo" in the high profile case brought out the can of worms that exist in the Criminal Procedure Code of India.
Judge Purinder Vaidya on Saturday granted bail to Ajay Verma, Naveen Verma, Abhinav Verma and Mukul Sharma, who were charged with culpable homicide not amounting to murder, on bond of Rs 50,000. Thre reason he said, "the statements of the witnesses have been recorded and material evidence taken into account, the accused were given bail".
But the question is if the court has recorded all the evidence and the case is in a fast track court, why did the judge didn't gave the judgement?
The unwritten law process says if the case is delayed beyond 15 months then the judge has to grant bail- a reasonable ploy that is used by defence advocates to get bail for their client.
Aman Kachroo is a first year MBBS student at Rajindra Prasad Government Medical College, Tanda (Kangra), was allegedly thrsahed by his seniors and he subsequently died on March 8, 2009. In reaction to it he state government not only ordered a magisterial inquiry into the cause of Aman's death but also passed the Anti Ragging Act, providing for stringent punishment in such cases.
However, what if after 15 months the accused get bail in a simple case of culpable homicide.
Post script- The landmark move was initiated by Arnab Goswami, Editor-in-cheif, Times Now, in Newshour, where he coerced Aman Father to fight the case rather than let the state to do it. In the same show Dusyant Dave, the eminent High Court Lawyer volunteered to fight the case for FREE. A landmark acievement in a country where cases languish in courts for ages.