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1 - 10 of 27 (0.27 seconds)Section 437 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 88 in The Code of Criminal Procedure, 1973 [Entire Act]
Prahlad Singh Bhati vs N.C.T., Delhi & Anr on 23 March, 2001
"18. It is well settled that the
matters to be considered in an
application for bail are (i)
whether there is any prima facie or
reasonable ground to believe that
the accused had committed the
offence; (ii) nature and gravity of
the charge; (iii) severity of the
punishment in the event of
conviction; (iv) danger of the
accused absconding or fleeing, if
released on bail; (v) character,
behaviour, means, position and
standing of the accused; (vi)
likelihood of the offence being
repeated; (vii) reasonable
apprehension of the witnesses being
tampered with; and (viii) danger,
of course, of justice being
thwarted by grant of bail [see
Prahlad Singh Bhati v. NCT, Delhi
and Gurcharan Singh v. State (Delhi
Admn.)]. While a vague allegation
that the accused may tamper with
the evidence or witnesses may not
be a ground to refuse bail, if the
accused is of such character that
his mere presence at large would
intimidate the witnesses or if
there is material to show that he
will use his liberty to subvert
justice or tamper with the
evidence, then bail will be
refused.
The Code of Criminal Procedure, 1973
Article 19 in Constitution of India [Constitution]
Kalyan Chandra Sarkar vs Rajesh Ranjan @ Pappu Yadav & Anr on 18 January, 2005
We may also refer to the
following principles relating to
grant or refusal of bail stated in
4
Kalyan Chandra Sarkar v. Rajesh
Ranjan: (SCC pp. 535-36, para 11)
"11. The law in regard to grant or
refusal of bail is very well
settled. The court granting bail
should exercise its discretion in a
judicious manner and not as a
matter of course. Though at the
stage of granting bail a detailed
examination of evidence and
elaborate documentation of the
merit of the case need not be
undertaken, there is a need to
indicate in such orders reasons for
prima facie concluding why bail was
being granted particularly where
the accused is charged of having
committed a serious offence. Any
order devoid of such reasons would
suffer from non-application of
mind. It is also necessary for the
court granting bail to consider
among other circumstances, the
following factors also before
granting bail; they are:
Section 87 in The Code of Criminal Procedure, 1973 [Entire Act]
Delhi Parivahan Mazdoor Sangh And Anr. vs Lt. Governor, Delhi Admn. And Ors. on 22 September, 1995
"18. It is well settled that the
matters to be considered in an
application for bail are (i)
whether there is any prima facie or
reasonable ground to believe that
the accused had committed the
offence; (ii) nature and gravity of
the charge; (iii) severity of the
punishment in the event of
conviction; (iv) danger of the
accused absconding or fleeing, if
released on bail; (v) character,
behaviour, means, position and
standing of the accused; (vi)
likelihood of the offence being
repeated; (vii) reasonable
apprehension of the witnesses being
tampered with; and (viii) danger,
of course, of justice being
thwarted by grant of bail [see
Prahlad Singh Bhati v. NCT, Delhi
and Gurcharan Singh v. State (Delhi
Admn.)]. While a vague allegation
that the accused may tamper with
the evidence or witnesses may not
be a ground to refuse bail, if the
accused is of such character that
his mere presence at large would
intimidate the witnesses or if
there is material to show that he
will use his liberty to subvert
justice or tamper with the
evidence, then bail will be
refused.