Should Jayalalitha Get Bail On Health Grounds?

Turning into the news channels today, I see that there is a request from the former Tamil Nadu Chief Minister seeking bail on health grounds. Recapitulating what has happened so far –

• It took 18 years to sentence Jayalalitha to Jail
• The case was for disproportionate assets in the amount of 66 crore
• She has been sentenced to 4 years of Jail
• She was denied bail by the Karnataka High Court
• Jayalalitha moves to Supreme Court seeking bail on health issues.

Now, I am not quite surprised at the move for bail request. I am sure most of you are not surprised either. But I am still trying to understand the system here. It took 18 years to convict someone and sentence to a 4 year jail and then the same person immediately applies for bail which is denied and the cause changes and the same person applies for bail on health terms just a week later.

Assuming that the person is suffering because of difficult conditions in jail, would it be fair to set such a person free?

I do not want to raise a rubble but…

1) What is the purpose of a bail?

Ideally I think it is an amount of money paid to the court with a promise that a person would be returning to the trial or forfeit the money. What if the bail money does not matter to the person appearing for bail? What if the person decides to chuck it and neglect it completely? Does the person lose only money and he/she is allowed to go free?

2) What is the precedent it can set? 

If a bail is granted, I understand that when someone is denied bail, you can always apply for one on health grounds and if you have enough money you can still be free even if the court has judged you guilty of crime and sentenced you to jail. Forgive me if I am wrong, but isn’t that disrespecting the very system we are bound by?

3) What if the person is really suffering? 

Well I don’t want to sound very cruel, but if a person is suffering, isn’t the govt well equipped to give them the best of the available treatment? Maybe if they want a special doctor, can the person or their relative sponsor a house visit for the inmate and treat them there or if they need a Hi Tech hospital, I am sure Bangalore has some really good ones and the person can be placed there. Does baul really hold a good standing in such a case?

I am not sure, but somehow I feel very strongly that a legal system cannot be manipulated. Or can it?

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