...
Singvhi concludes saying in bail matters court should refrain from going into merit.
Matter adjourned till tomorrow for arguments of Solicitor General.
Singhvi - The proper test to be applied is whether it is probable that the party can appear for trial
Singhvi: If object is to ensure I appear before court, why am I in jail for 100 days?
Singvhi cites SC precedents which state :
1. Object of bail is to secure the appearance of the accused
2. Object of bail is neither punitive nor preventative
3. Deprivation of liberty must be considered a punishment
Singvhi- There's a distinction in criminal law in the manner in which offences with more and less than 7 years punishment are dealt with.
Singhvi- Gravity is relative and decided on the basis of length of sentence. Under 7 years imprisonment is relatively less grave.
Singhvi : If you take the ED and HCs reasoning, it would mean bail can be denied without any ground, merely on allegations. What a ridiculous conclusion!
Only in extraordinary circumstances can gravity of be used as a ground to deny bail : Singhvi
Singhvi : Will I be in jail till trial is over on the ground of gravity?
Singhvi- 'Extraordinary card' may be used for child molesters, terrorists, repeat offenders..but that's not the case here