Even though there is no presumption of innocence after conviction so long as an appeal provided by law due to experience of coviction being found to be erroneous in many cases there is no presumption of guilt also and therefore grant of bail pending appeal has to be fairly liberal.
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Sent from my iPad
Dear Kirity RoyGet your facts clear. In the present case the ACCUSED person has been already tried and found GUILTY and therefore the person is no more an accused but a CONVICT. Unlike the parameters to be considered while granting bail to an accused person/s parameters to grant bail to a convicted person are differentOn Tue, Oct 21, 2014 at 10:32 PM, Kirity Roy <kirityroy@gmail.com> wrote:Yes, I do agree with the understanding of Mr. Shanti Bhushan.Accused person in a criminal trial should not be treated as guilty. It is the duty of prosecution (State) to prove him / her guilty before the court.Are we going to establish "presumption of guilt" in he tune of police / state ?? Are we going deny "Right to be presumed innocent until proven guilty" ??At the same time I must support strongly the main message of Mr. N S Venkataraman of Nandini Voice.--On 21 October 2014 21:52, Shanti Bhushan <shantibhush@gmail.com> wrote:I do not see any objection to the grant of bail pending appeal provided it is conditional on the appeal being quickly heard and decided.
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Kirity Roy
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
Balaji Place
Shibtala
Srirampur
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PIN- 712203
Tele-Fax - +91-33-26220843
Phone- +91-33-26220844 / 0845
e. mail : kirityroy@gmail.com
Web: www.masum.org.in
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