A “victim impact assessment” must be carried out before granting bail for serious offenses: Allahabad HC to SC
The Allahabad High Court suggested to the Supreme Court that in cases of serious and grave breaches, a “victim impact assessment” report should be obtained after consultation with the victim and taking into account their rights. family, before granting bail to an accused. The court registry, in an affidavit, gave its suggestions following an order from a supreme court asking it to help define the “broad parameters” for regulating the issue of bail applications, for the duration of the appeals of the convicted persons.
He suggested that the victim impact assessment report record the victim’s concerns as well as vital information about the physical, mental and social impact of the crime and the impact of bail. the accused. “The rights of the victim and his family must be taken into account before granting bail,” he added.
The High Court, as a measure to cope with the enormous backlog of cases, has suggested that dedicated benches be formed to hear pending criminal appeals.
“The High Court is facing immense pressure due to the enormous wait for cases. Consequently, the accused cannot benefit from it mechanically unless special benches dedicated to the advance ruling of appeals are constituted, “he said.
He further suggested that different criteria will need to be developed for granting bail for more serious crimes such as white collar crimes and organized crimes against the state and its citizens. “… since the criminals involved here are habitual and hardened criminals who commit crimes in a planned and sophisticated way,” he said.
The High Court further added that life sentence in business means “the whole of life”, the same should be considered as it is. She added that priority should be given to hearing criminal appeals when the accused has served more than half of his sentence.
The highest court is hearing 18 criminal appeals from people convicted of heinous offenses, seeking bail on the grounds that they have spent seven years or more in prison. The appeals against the convictions have not been entered for a due hearing in the High Court due to the wait.
The highest court had noted that before giving authoritative approval to any suggestion made by the government of Uttar Pradesh, it would be appropriate for the High Court itself to consider it and make suggestions.
The case is on Wednesday before a bench led by Judge SK Kaul and it is likely that she will repeat this affidavit.
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