Unlike Salman Khan, 60% of undertrials spend 3 months in jail before bail

NEW DELHI: While superstar Salman Khan secured bail in barely three hours after his conviction in a hit-and-run case, for majority of ordinary undertrials in the country it takes a minimum of over three months to get bail. According to government data, over 60% of undertrials spend more than three months in jail before they can secure release. The prolonged incarceration is due to the inability of these undertrials to get bail.

Close to 1.75 lakh of 2.78 lakh people facing criminal charges are unable to secure bail before three months. Over 40% (1.1 lakh) of undertrials take more than six months to secure bail, while over 30,000 spend more than two years and over 64,000 spend more than one year in jail before they are released on bail.

The figures point to a deeper malaise in the criminal justice system as bail, pending conviction, is considered a right under Indian law. Even in cases of heinous nature, an undertrial is entitled to bail, if not immediately, then after the chargesheet is filed by an investigating agency. Police get three months to file chargesheet in cases under Indian Penal Code and up to six months under special laws such as Unlawful Activities Prevention Act and Maharashtra Control of Organized Crime Act.

The fact that over 60% are incarcerated even after chargesheets are filed points to the fact that only those with deep pockets to hire talented lawyers and fight long-drawn legal battles are able to secure bail for themselves.