Prosecution files large records to make bail hearings long; leads to mini-trials: Senior Advocate Rebecca John

Bulky records and multiple supplementary chargesheets filed by the prosecution during bail cases make hearings quite lengthy, Senior Advocate Rebecca John said on Friday..John contended that such practices transform bail hearings into mini-trials, despite the Supreme Court warning against the same."Another factor [behind lengthy bail hearings] is is overwhelming courts with huge records to ensure the hearing continues ad nauseam. 30,000 pages of record to be broken down. 99% of it is useless. But these allegations subsist and need time. Another way is to keep filing supplementary chargesheets. While Supreme Court says you should conclude them on time without going into merits, mini-trials ensue due to these voluminous records."She added that this trend has meant that criminal law practice now primarily centres around bail hearings, as trials take time to conclude..The Senior Advocate was speaking at a panel discussion titled Untangling Bail Cases, organised by Project 39A and Daksh. The discussion aimed to address India's bail system, its shortcomings and potential solutions moving forward..During the discussion, John conceded that in today's times, with increasing criminalisation, there has also been an increase in arrests and powers of arrests.With the workload of High Courts ever increasing, a lot of bail matters are not heard as they languish at the bottom of the board of items listed."I think magistrates can grant bail but the focus is always on big cases. Yes, we are sending too many people in.".She also flagged the onerous bail conditions and bond terms seen in serious cases."There are onerous conditions like solvency bonds taking a month after the order. Then there is dropping a Google pin and sharing location, which is an invasion of the right to privacy. Judgments are not followed and there is a hesitancy to issue personal bonds. Even long incarceration does not motivate the court to change its stance...The poor cannot afford cash surety."JOhn revealed that she advises her clients to have ₹50,000 in a fixed deposit as well as Aadhaar cards."But who are we kidding? A large majority cannot afford this. So incarceration continues.".John said that the situation in Delhi is still better, as judges tend to ask for nominal rolls when issuing notice in bail pleas. "This is a good practice where the judges can keep a tab on the dates. It is a good way to look at 436A [Criminal Procedure Code]. Delhi is different. Even some of our district judges probably grant bail quicker than a High Court judge...If you incarcerate a person continually, you are sending a message." There is a lot moral dialoguing in bail orders, usually with observations like 'a message needs to be sent', she pointed out. "Very often other considerations take over. In Delhi this is the political considerations taking over, lot of bails are denied purely on that.".John admitted, on a lighter note, that counsel have lists as they know which judges are likely to grant bail and who are not."My biggest grievance is I wish the Supreme Court was more consistent [in bail matters]. Lack of consistency in courts is an issue," she said in conclusion..Former Rajasthan High Court Chief Justice Akil Kureshi said during the dicsussion that conflicting bail jurisprudence often emanates from the Supreme Court..Justice Akil Kureshi flags conflicting Supreme Court bail orders, expresses surprise at Saturday sitting to stay acquittal