3rd Best Film | If Bail…..why Jail? | Auro University, Surat | ProBono India 2025

Film Submitted to 9th Dr A.P.J. Abdul Kalam International Socio-Legal Film Making Competition - 2025, organized by ProBono India in association with GNLU Legal Services Committee, Gujarat National Law University, Gandhinagar, sponsored by Kamendu Joshi & Associates.

www.probono-india.in

Synopsis:
1. This film focuses on the proposition that “Justice should be administered to both sides”. The undertrials’ life gets an irreparable damage due to the prolonged pre – trial incarceration.

2. The first authored judgement shown in the film, notes the landmark and revolutionary apex court rulings, where right to speedy trial, a facet of Art. 21 of the Constitution, was held crucial to grant bail to the accused under stringent special laws for, if, the liberty of the accused is deprived due to
prolonged pre – trial incarceration under the purview of the rigours for the grant of bail, under such laws. Such extraordinary powers can be exercised only by the constitutional courts.

3. The second authored judgement, tentative proposition, focuses on the inclusion of the rigours in 479 of The Bhartiya Nagarik Suraksha Sanhita, 2023 (corresponding to 436A of The Code of Criminal Procedure, 1973). Such rigours should also melt down under the purview of Art. 21, right to speedy trial for both the general law and the special law, same as the
rigours in special laws. The proposition has not been acknowledged by the Indian Courts yet.

Name of Director(s): Digvijay Shah
Organization/Institutions : Auro University, Surat, Gujarat