Code of Criminal Procedure, 1973; S. 439 ----- Grant of Bail ----- The court granting bail should exercise its discretion in a judicious manner and not as a matter of course ---- Though at the stage...
Read MoreCode of Criminal Procedure, 1973; S. 439 ----- Grant of Bail ----- 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: (a) The nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence. (b) Reasonable apprehension of tampering with the witness or apprehension of threat to the complainant. (c) Prima facie satisfaction of the court in support of the charge.
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