Bail

 

Important Points

1. Gurubaksh Singh Sibbia vs State of Punjab, 1980 (2) SCC 565
1. Para 30 - Constitutional Bench Supreme Court 
1. Bail Decision must enter the CUMULATIVE effect of the variety of circumstances justifying the grant or refusal of bail.
2. Kalyan Chandra sarkar Vs Rajesh Ranjan @Pappu Yadav 2005 (2) SCC 42
1. Para 18 - Three Bench Supreme Court 
1. Person accused of non-bailable offences are entitled to bail if the court concerned concludes that the prosecution has
1. FAILED to establish a prima facie case against him
2. despite existence of Prima facie, the court recorded REASON for its satisfaction for the need to release such person on bail, in the given facts situations.
2. Rejection of bail does not preclude filing a subsequent application and court can release on bail PROVIDED circumstances then prevailing requires and change in facts situation.
3. State of Rajasthan Vs Balchand, AIR 1977 SC 2447
1. Basic Rule
1. Bail not jail except where there are circumstances suggestive of 
1. Fleeing from justice
2. Thwarting the course of justice
3. Creating other troubles in shape of repeating offences
4. Intimidating witness 
2. Gravity of the offence involved likely to induce the petitioner to avoid the course of Justice and must weight when considering the question of jail & also heinousness of  crime
4. Gudikanti Narasimhulu Vs Public Prosecutor, (1978) 1 SCC 240
1. Para 16
1. Supreme Court held that delicate light of the law favors release UNLESS countered by negative criteria necessitating that course.
5. Dataram Singh Vs State of UP, (2018) 3 SCC 22
1. Para 6 - Supreme court held
1. Grant/ Refusal of bail is entirely within the discretion of the judge hearing the matter and though that discretion is unfettered.
2. Discretion must be exercised judiciously, compassionately and in a humane manner.
3. Also condition for grant of bail ought not to be strict as to be incapable of compliance, there by making bail illusory.

Arguments for Bail

1. Petitioner is educated and has roots in the society
2. Nature of witness, 
1. Most of the witness are police, cannot be influenced
3. Cannot influence the witness
4. All evidence has been collected
5. Charge sheet is about to be filed or filed
6. No useful purpose is served keeping petitioner in prison.

Case Laws

• Santosh Vs State of Maharastrat
• There was no occasion to Justify Police custody - when accused in cooperating.