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1 - 6 of 6 (0.60 seconds)The State vs Captain Jagjit Singh on 14 September, 1961
(9) One of the questions which arises in this case is whether the learned Additional Sessions Judges, who have granted bails to the respondents were justified only on the ground that the prosecution did not oppose the bail applications. It is true that the provisions of Section 437(1) of the Code of Criminal Procedure, 1973 prohibiting the release of an accused "If there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life" do not apply to the Court of Session. But is does not follow that the Court can allow bail to a person accused under section 202 1PC merely oa the ground that the State does not oppose the bail. The criteria, which must b; taken into consideration by a Court before releasing an accused on bail in offences which are not bailable, have been laid down by the Supreme Court in the case of The State v. Captain Jagjit Singh . These, among other considerations, are "the nature and seriousness of the offence, the character of the evidence, circumstances which are peculiar to the accused, a reasonable possibility of the presence of the accused not being secured at the trial, reasonable apprehension of witnesses being tampered with, the larger interests of public or the State."
Pratap vs State Of U.P on 22 December, 1972
In Pratap v. State of U.P, and others, , it was observed by the Supreme Court that despite the State's failure to ask for enhancement, the High Court could enhance the sentence in revision. In the instant case, I have come to the conclusion that the State has not acted bona fide and so no weight has to be attached to the stand taken by the State.
The Indian Penal Code, 1860
Section 202 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 437 in The Code of Criminal Procedure, 1973 [Entire Act]
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