Indian Kanoon - Search engine for Indian Law

This broad criteria cannot be understood as invariable principles and the Bench hearing the bail applications may exercise its discretion either for granting or rejecting the bail based on the facts of each case. Needless to observe that grant of bail based on these principles shall, however, be subject to the provisions of Section-389 of the Code of Criminal Procedure."

Learned Public Prosecutor states that the case of the petitioners does not fall within any of the exceptions laid down in the said judgment and the conduct of the petitioners in the jail is satisfactory. It is not a case where the petitioners are alleged to have committed offences relating to rape coupled with murder of minor children, dacoity, murder for gain, kidnapping for ransom etc. Since the case of the petitioners falls within the parameters laid down in the above said judgment and as the judgment of the Division Bench attained finality, the petitioners shall be released on bail on certain terms and conditions.